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Auto Accident 1.30.2022

Bodily Injury Liability Claims In Trucking Accident - What You Need To Know

 If you are in an accident with a large truck, you know the damage can be enormous and devasting to survivors of such wrecks. When you survive these heavy vehicle crashes you likely have significant medical bills, income loss, and more that need to be paid by insurance. What you may not know is, there might be several parties liable for your bodily injury claim that you provide compensation to you after a truck accident.

Who’s Liable for My Truck Accident?

You may have multiple options for obtaining financial compensation from at fault third parties after a truck accident. A “third party” is any person or company other than the victim that has contributed to or caused the accident.

Some examples of potential third parties:

  • The truck driver
  • The truck driver’s employer
  • The owner of the truck
  • The repair mechanic
  • The trucking company
  • The truck manufacturer or assembler
  • The shipper or cargo loader
  • A vehicle inspector
  • A faulty parts manufacturer

It’s important to name all possible parties who contributed to the wreck and submit claims to everyone who could be responsible for your damages and injuries. If you leave anyone out, your truck accident lawsuit will be affected because you will get less, your lawsuit may be dismissed, or an insurance claim could be denied.

Third-Party Negligence in Truck Accident Cases

Although truck accidents are usually the result of driver error or misjudgment, as are most motor vehicle crashes occur with the growing number of trucks on the road, several things you should understand that could have played a role in your wreck, including failure to follow Federal Trucking Safety Regulations. Any third-party truck negligence by a person or company can result in an unsafe truck on the road resulting in a crash that hurts you.

Negligence is a basis to hold someone accountable for the failure to use reasonable care through action or inaction. For example, if a motor carrier is the truck owner that fails to properly maintain a big rig and part of brakes fail, leading to a crash on the highway, the truck owner can be held accountable for the damages you were caused under Michigan’s owner liability statute.

Truck Accidents Are Different than car accidents

The Joseph Dedvukaj Firm had handles thousands of both car accidents and truck accidents over more than 27 years of proudly and effectively serving victims of motor vehicle accidents. Truck wreck cases are different than a typical motor vehicle crash between two small cars primarily because of the size and weight of the tractor-trailer. However, in a truck accident, numerous third parties may be to blame for the crash, and each of those third parties likely has separate insurance coverage that could contribute to your overall compensation. In the proper handling of your truck accident claim, your trucking accident lawyer may need to make multiple insurance claims, and you will need an attorney to help you navigate the details of such complicated claims.

Insurance policies are required for every truck on U.S, highways. In most cases, the trucks and related companies usually have higher limits than typical passenger vehicle policies. Trucking insurance companies either bluff or fight hard to avoid paying you what you deserve. You will experience denial and delay throughout the trucking accident process because the trucking insurance company will want to prolong your claim to tire you out. To get enough compensation to cover all your losses, you’ll need careful handling of your claim by an experienced truck accident lawyer who secures the documentation around who’s involved, responsible for what, and gets you the maximum amounts possible.

Statute of Limitations for Third-Party Truck Accidents

You always need to act fast to vindicate your rights after a truck crash. There is a deadlines to meet for when you can file a truck accident lawsuit.

The statute of limitations in Michigan for personal injury cases like these is three years from the date of the accident. There are only a couple exceptions. If you somehow fail to file a lawsuit or complete a claim form properly within the timeframe allotted, you may not be able to receive any compensation, no matter how strong your case is.

Filing a Third-Party Liability Claim

After a truck accident occurs, if you are hurt, visit your doctor then call your truck accident lawyer at 1-866-HIRE-JOE so they can get started. Some of the steps your attorney will take on your behalf include:

  • Filing insurance claims with all involved third parties
  • Investigating the accident
  • Gathering necessary evidence to prove liability
  • Going through the discovery process of transferring information to and from the Defendant third parties
  • Promptly filing your truck accident lawsuit and drafting necessary legal documents
  • Recruiting experts who will support your case
  • Attending court hearings and conferences on your behalf
  • Mediating, facilitating, and negotiating a fair truck accident settlement with the third-party insurance companies
  • Taking your case to court, if necessary

Please keep in mind, not every step is required in every case because each case is different. If your case reaches a fair settlement, you will not need to present you case to the jury. However, the trial lawyers at The Joseph Dedvukaj Firm can help ensure you are treated fairly, handle the stressful legal aspects of your commercial vehicle case, and advise you when an outcome has reached the best possible result.

Call The Joseph Dedvukaj Firm Expert Accident Injury Lawyers

At Dedvukaj Law, we have extensive experience handling crashes with large trucks. Our truck attorneys are successful with these body injury cases because they have 99% proven track record of winning strategies that get clients get the maximum compensation possible.

To learn more information, call 866-HIRE-JOE or use our online contact form to reach out for a free, no-risk consultation.

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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