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Can I Sue for Being Hit by a Semi-Truck?
Truck accidents in Des Moines, IA, can be difficult to navigate and many people wonder if they can sue after being in a collision for a semi-truck. No case is the same and the ability to sue a person for being hit by a semi-truck depends on the circumstances around this accident.
An affected party can pursue legal action with the help of a Des Moines truck accident attorney through civil litigation if the careless behavior of a truck driver caused severe injuries. A personal injury lawsuit is the best option when seeking financial compensation after being hit by a semi-truck.
The Effects of Semi Trucks
Semi-trucks are far more robust than passenger vehicles. Thus, the forceful impact of such a collision can result in catastrophic injuries. In some instances, these truck accidents in Des Moines, IA, can require lifelong care.
These medical costs for constant care can become expensive, which is why many affected parties wish to seek financial compensation. Here’s everything an individual should know about the process of gaining this financial compensation after being hit by a semi-truck.
Determining Liability
When a truck driver loses control of their vehicle, they place all individuals on the road at risk of severe harm. A fully-loaded semi-truck traveling at a normal speed in perfect weather and road conditions requires a distance of two football fields to come to a complete stop. Thus, extreme care is needed when driving these vehicles.
In instances where a semi-truck causes a collision, a legal team can work to ensure individuals gain the justice they deserve. Determining liability in semi-truck accidents can sometimes involve one or more liable parties, including the trucking company, the truck driver, or both.
Truck Driver Negligence
This truck driver might possess a commercial driver's license. Any truck drivers violating the regulations and rules governing their CDL can lead to the loss of their license and career. Even though there are federal regulations regarding mandatory hours of service, many truck drivers are on the roads without receiving adequate rest. This places other drivers at risk.
Additionally, truck drivers place motorists at great risk of harm in alternative ways, such as:
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Drunk driving – The maximum blood alcohol content (or BAC) level to operate a car is generally 0.08 percent. However, this limit is significantly lower, sitting at 0.04 percent, for those with a CDL. Thus, a truck driver who gets on the road after having a couple of drinks is likely at or exceeding the legal limit.
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Speeding – Most truck drivers are paid for each mile. Thus, the sooner they get to their destination, the sooner they can return home to their families or transport another load. However, this poses a severe problem as driving too fast and engaging in road rage can cause devastating results when involving a semi-truck. This is especially the case when a truck is fully loaded, as it can weigh up to 80,000 lbs.
These are only a few examples of a truck driver’s negligence, which can result in a severe semi-truck crash. Thus, leaving individuals with a probable inability to return to their career, a loss of income, and lifelong medical expenses and care.
Seeking Legal Assistance
If individuals wish to know if they can sue for being hit by a semi-truck, they must understand that some state laws limit the amount of time people have to file a wrongful death or personal injury claim. Additionally, preparing a case and negotiating a fair settlement with insurance companies can be a time-consuming process.
Moreover, insurance companies have the reputation of taking advantage of individuals without any legal representation. This can result in a person being offered an insufficient initial offer that doesn’t cover future medical care.
Accepting this offer means that individuals lose their right to pursue civil litigation if the affected party’s medical condition worsens. Thus, it’s vital that individuals don’t gamble with their financial future. Seeking legal representation can help ensure the at-fault parties take responsibility for the semi-truck accident and pay for any present and future damages.
Frequently Asked Questions
How Dangerous is Truck Driving?
Truck driving is classified as one of the most dangerous occupations in the US. The US Bureau of Labor Statistics has gone on to mention that truck drivers aren’t only involved in accidents and injured from this line of work. They also suffer from overexertion.
How Can Truck Accidents Be Prevented?
Semi-truck accidents in Des Moines, IA, can be prevented with extensive and vigorous truck driver training while not partaking in dangerous truck driver behaviors, like distracted driving.