A Rochester, NY overloaded truck accident lawyer can help you recover the compensation you deserve if you were the victim of an accident involving an overloaded truck. These lawyers can collect evidence of the overloading, as well as input from eyewitnesses or industry experts. These cases are complicated, and the consequences of an overloaded truck accident can be severe.
Legal liability for an overloaded truck
If you or a loved one have been injured in a truck accident, the trucking company and truck driver may be liable. While truck drivers are trained professionals who are required to follow regulations, accidents can still occur. If an overloaded truck causes an accident, the trucking company and truck driver can both be held liable for damages. In addition, other motorists may also be at fault.
In order to pursue your case, you must prove that the truck driver was negligent in loading the truck. An overloaded truck may be improperly secured or its weight exceeded the legal limit. Fortunately, there are ways to prove that the truck driver was negligent in loading his or her truck.
Comparative negligence rule
The comparative negligence rule applies to cases where more than one person is at fault for the accident. It reduces compensation awards to victims according to the proportion of fault each person shares. This rule can help you win a compensation claim in a case involving multiple defendants.
It is essential to understand the comparative negligence rule in order to ensure a just compensation award. This rule is much simpler than it sounds and is especially important for injury victims who want to file a compensation claim. A qualified negligence attorney will analyze all the evidence and will determine the appropriate percentage of fault.
Damages that can be recovered from an at-fault party
If you or a loved one has suffered from the injuries caused by an overloaded truck, you can seek compensation from the party at fault. Depending on the circumstances, you may be able to sue the trucking company, truck driver, or independent contractor. To determine who is liable for the accident, consider the nature of the truck and the policies of the company or independent contractor.
A truck accident can result in severe injuries to passengers in smaller vehicles. The injuries can include traumatic brain injury, spinal damage, or even paralysis. Aside from medical bills, victims of an overloaded truck accident may also recover damages for property damage or lost wages. In some cases, a wrongful death lawsuit may be filed against the truck driver.
Settlements for smaller amounts
The average settlement for an 18-wheeler truck accident is much larger than the settlement for most motor vehicle accidents. Some cases are in the hundreds of thousands of dollars while others can reach into the millions. There are several factors that determine the size of the settlement. For example, the amount of medical expenses, how much the accident affected the victim’s life, and how much the motor vehicle was damaged in the accident all contribute to the amount of compensation the victim will receive. Additionally, the degree of negligence on the part of the truck driver plays a large part in the amount of the settlement. The more negligent the truck driver, the more they’ll be held responsible for the accident.
When negotiating a settlement for a truck accident, it’s important to remember that the trucking company and its insurance company’s insurance companies are working to protect their bottom line and will often refuse to pay you the full amount you deserve. The sooner you fight for the full amount of compensation you deserve, the better.
Contacting parties after a truck accident
After a truck accident, it’s important to contact the other parties involved. While exchanging insurance and contact information is essential, you should also make sure to collect information on the scene of the accident, including the name and insurance information of the driver and any other witnesses. Then, you should exchange insurance company information, as required by law. Regardless of whether you were hurt in the accident or not, contacting the parties involved as soon as possible will ensure that you receive the compensation you need.
Immediately contact the police and medical help if necessary. Depending on the severity of your injuries, this might mean a trip to the hospital. While you’re waiting for help to arrive, take pictures and videos of the scene. If you’ve been injured in the accident, try to get the names and contact information of witnesses. Be careful not to reveal any information about liability until you have seen the accident scene, as this information could be used against you later on.