Maximizing compensation awards after a catastrophic semi-truck crash

Semi-truck collisions are some of the worst crashes that could possibly occur. Commercial trucks are so large, heavy and powerful that they can completely demolish smaller vehicles and leave people with life-altering injuries. The driver of the semi-truck could easily make a mistake that leads to devastating consequences for the people in the smaller vehicle.

A semi-truck could cause traumatic brain injuries, severe fractures, limb loss or spinal cord injuries. The people hurt in the collision could have hundreds of thousands of dollars in medical expenses and additional losses in the form of wages they can no longer earn. The losses generated in a crash could change a family’s standard of living. How can those affected by a semi-truck collision cover those financial losses?

Filing an insurance claim

As is frequently the case with a standard car crash, those involved in a semi-truck collision can often obtain compensation by filing an insurance claim. Unlike passenger vehicles, which are subject to state insurance requirements, commercial vehicles have to comply with federal regulations.

A semi-truck usually needs to have a minimum of $750,000 in liability insurance coverage in place to legally operate on public roads. Those injured in a crash can frequently seek compensation by negotiating an insurance claim.

Of course, getting appropriate compensation isn’t necessarily easier just because an insurance policy is larger. If anything, insurance professionals may have an additional incentive to negotiate aggressively when there is more coverage. Sometimes, it may even be necessary to file a lawsuit to get the company to offer a reasonable settlement.

Filing a civil action

When the truck driver is negligent, he or she is directly liable, and your attorney can also name the trucking company as a defendant, asserting two possible theories:

• The first is vicarious liability, as the trucking company is responsible for the acts of its employees committed in the course and scope of their employment.
• Your attorney can also assert direct negligence claims against the trucking company for negligent entrustment, negligent hiring and negligent training, if the evidence warrants those allegations.

In addition, the same holds true for claims against an owner/operator. If the owner/operator is operating under the DOT authority of a motor carrier at the time of the accident, the trucking company is liable on the same theories, regardless of whether they claim the at-fault driver is an independent contractor versus an employee.

You may wish to seek experienced legal guidance from an attorney who has a record of successful major truck accident lawsuits. These cases are complex, and a knowledgeable lawyer can make the difference for those who have been harmed as a result of catastrophic collisions.

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