Semi Truck Accident FAQs

If you have been seriously injured in an accident involving a large truck, or if you lost a loved one in such an accident, you most likely have many questions about your legal rights and options. Below you will find answers to some of the questions most frequently asked by those in need of a truck accident attorney.

If I am injured in a large truck accident, do I sue the driver or the company that employs the driver?

The answer to this question depends on the circumstances surrounding the accident. If the accident was caused purely due to the negligence of the truck driver, then you would most likely take action against him or her alone. If the accident was caused in part due to the negligence of the driver and in part due to the negligence of the trucking company, then you may take action against both parties. If the accident occurred purely because of the trucking company's negligence (for example, the company failed to maintain the truck properly or conduct mandated safety inspections), then you’d most likely take action against the company alone. Your lawyer can help determine the appropriate parties to hold responsible in your case.

Can I pursue compensation if I was partially at fault for the accident?

Some states allow injured victims to pursue compensation even if they were partially at fault under the legal doctrine of comparative liability. The plaintiff can recover compensation in proportion to the defendant’s degree of fault for the accident; for example, if the defendant was 80 percent responsible for the accident, the plaintiff may recover up to 80 percent of his or her total losses and expenses stemming from the accident. Again, your lawyer can provide information on the laws that apply in your unique case.

What compensation can be recovered?

If you are injured in a truck accident, you may be able to file a personal injury claim to recover compensation for your medical bills, lost wages, pain and suffering, and other damages. If your loved one was killed in a truck accident, a wrongful death claim can be filed to seek compensation for funeral expenses, lost benefits, lost support, and related damages.