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Yes, you can sue for being hit by a semi-truck in certain circumstances. If someone else’s negligence caused your semi-truck accident, you may have the right to sue for damages. You must be injured as a result of the accident and have evidence that the other party is at fault.
Warner Law Offices can help you understand your rights if you were hit by a semi-truck. Our personal injury attorneys are here to guide you through your legal options. If you decide to proceed with a lawsuit, we’ll support you every step of the way.
Who Can I Sue for a Semi-Truck Accident?
You can file a truck accident lawsuit against anyone liable for your injuries. Though other causes of action exist (e.g., product liability for defective vehicle parts), defendants are typically liable for a commercial truck accident if their negligence caused the accident. There are four elements of negligence in a semi-truck accident case:
- Duty of care – The other party owed you a duty of care. For example, a truck driver owes other drivers a duty to follow traffic laws and drive safely.
- Breach – The other party breached their duty of care. In the case of a negligent truck driver, this may involve violations of trucking regulations like hours-of-service limits.
- Causation – The breach of duty caused your injuries. In other words, if it weren’t for the truck driver’s actions, you would not have been injured.
- Damages – You suffered compensable damages as a result of the accident, such as medical bills, lost wages, pain, and suffering.
While truck drivers are common defendants in semi-truck accident lawsuits, many other parties may be liable. These can include the trucking company, a truck part manufacturer, a contractor responsible for loading cargo, or a third-party driver.
Other Legal Considerations in a Semi-Truck Accident Lawsuit
Trucking companies have extensive resources to fight claims and minimize victims’ compensation. They may argue that something other than the accident caused your injuries, such as a preexisting condition. You’ll need strong evidence to prove that the semi-truck accident directly caused your injuries. Helpful evidence may include medical records, medical expert testimony, witness statements, and accident reconstruction reports. An attorney can help you compile and present this evidence in the most compelling light.
Commercial auto insurance usually has higher coverage limits than personal auto insurance. However, the trucking company’s insurance may still not be enough to cover your damages. We can explore additional sources of compensation if needed, such as a lawsuit against the trucking company or a claim with your underinsured motorist coverage.
How Long Do I Have to File West Virginia Truck Accident Lawsuit?
Keep in mind that there’s a time limit for filing a lawsuit after getting hit by a semi-truck. The deadline set by the West Virginia personal injury statute of limitations is normally two years from the date of the accident. Though there are exceptions, you should consult with an experienced attorney before relying on them.
Once the filing window closes, you will lose your right to seek compensation in court, so it’s important to contact an attorney as soon as possible. This will also give them an opportunity to gather all available evidence before it disappears or deteriorates.
Types of Damages Available in a Semi-Truck Accident Lawsuit
You can sue for various losses you suffered as a result of a semi-truck accident. These include both economic and non-economic damages, such as:
- Past and future medical expenses.
- Lost wages for work missed during your recovery.
- Lost earning capacity if your injuries permanently affect your ability to work.
- Pain and suffering, including physical pain and emotional distress.
- Loss of enjoyment of life.
- Property damage, including damage to your vehicle or personal belongings inside the vehicle.
If you lost a loved one in a semi-truck accident, you may also seek compensation for the wrongful death damages you and your family have incurred. These may include funeral expenses, loss of financial support, and loss of companionship.
Can I Sue for a Truck Accident on My Loved One's Behalf?
Truck accidents often result in death or severe injuries that affect a victim’s ability to pursue a lawsuit. Options are available in either circumstance.
If your loved one was killed in a semi-truck accident, you may seek compensation through a wrongful death lawsuit. If your loved one survived but is incapacitated, you may be eligible to file a personal injury lawsuit on their behalf. Our attorneys can determine the best course of action for your unique situation and ensure your rights are protected.
How Can a Truck Accident Lawyer Help Me Recover Compensation?
The trucking company or its insurer will do everything possible to limit their liability. If they succeed, this means less money in your pocket to rebuild your life. Having the right attorney on your side can protect your right to fair compensation. When you turn to Warner Law Offices, we’ll level the playing field and pursue the full and fair compensation you need to move forward.
You have enough stress on your shoulders after a semi-truck accident. Our trial-tested truck accident lawyers will handle the legal details while you focus on your recovery. You can count on us to investigate the accident, determine who’s liable, calculate your damages, and gather strong evidence.
We’ll then file a claim or lawsuit on your behalf and handle settlement negotiations. If your case goes to trial, we’ll be ready to aggressively advocate for your best interests before a judge and jury.
Our goal is to get you maximum compensation for your damages by pursuing all potential sources of compensation. Multiple parties are often liable in truck accidents. We will identify each one and leverage our expertise and resources to hold them fully accountable for your injuries and other losses.
Contact Warner Law Offices for Assistance With Your Truck Accident Lawsuit
Aggressive advocacy makes all the difference when seeking compensation after a serious accident. Our truck accident attorneys have the skills, resources, and determination to aggressively pursue a favorable settlement or verdict on your behalf. We’ve been fighting for the rights of accident victims like you for over 20 years—let us put that experience to work in your favor.
Our knowledgeable and compassionate legal team is standing by to hear your story and help you understand your legal options after being hit by a semi-truck. Contact us online or call (304) 345-6789 for your free consultation. You pay nothing unless we win your case.
