Utah Truck Accident Lawyer
Don’t let a truck accident compromise your future. Get in touch with a Utah truck crash attorney to get the compensation you need to recover.
Being in a truck accident is a terrible experience that can be made worse by dealing with the financial and legal fallout. Don’t assume the at-fault party will admit fault and offer to help you. In fact, the person who caused your truck crash is likely to try to blame you for the accident.
Hiring a Utah truck accident lawyer with Craig Swapp & Associates will ensure that you have someone on your side to protect your legal rights and your financial future. Without one, the insurance company and the other party’s attorneys could take advantage of you.
Whose Fault Was the Accident?
To retrieve compensation for your injuries, you’ll have to determine who was at fault in your crash. If the truck accident wasn’t your fault, it may seem obvious that the other driver was at fault. That’s often true, but it isn’t always the case.
Trucking accidents are complicated because of the relationship between the driver, the trucking company, and whom the truck was moving goods for. Complex internal contracts will come into play when determining who is technically negligent and should be named in your claim.
For example, if the truck driver was working as an employee for a company hired to move goods for a grocery store, the grocery store may have liability according to the contract in place. If not, the company that hired the driver could be liable. However, if the driver was an independent contractor, he or she might maintain legal liability.
Your Utah truck crash attorney can conduct depositions and ask parties questions under oath to determine how the relationship works and who is legally liable.
What Caused Your Utah Semi-Truck Wreck Can Determine Liability
If you can determine what caused the trucking collision in the first place, it will be easier to figure out who is liable for your losses. You need to determine liability so that you can file your personal injury claim against that party’s insurance company. A lot of different elements could come together to cause a collision.
Listed below are some of the most common known causes of trucking wrecks, as well as who could be liable in each circumstance.
- Improper Loading – When a truck is loaded, it takes someone experienced in loading and securing heavy objects to ensure that other drivers on the road won’t be in danger of falling objects. If the loading company failed to properly secure a load and you were hurt, you could file your claim against that company.
- Dangerous Road Conditions – The government is responsible for maintaining safe roadways for the public—that’s one of the services our taxes go to. If the government fails to make the roads safe for drivers and you’re injured because of a roadway hazard, you can sue the government for your injuries and damages.
- Drowsy Driving – Driving is known to make people feel drowsy, and that’s why there are strict rules regarding how long a trucker is allowed to drive. If the trucker does not follow those rules, the trucker and the trucking company can be held legally responsible for any injuries sustained as a result.
- Faulty Truck Parts – Sometimes it isn’t someone who caused the accident, but rather something. For instance, if a trucker’s brakes went out, leading to the collision, you wouldn’t blame the trucker for that. If the trucking company failed to get the brakes serviced, or the manufacturer created faulty brakes, they could be liable.
- Drunk Driving – Drunk driving is one of those instances where the trucker would be 100 percent to blame for the accident. In some cases, you may be able to hold a trucking company liable also if the company failed to do background checks or knew that the trucker was driving intoxicated and let it continue unchecked.
- Poor Service Work – On occasion, an accident can be caused by poor mechanical work. For instance, let’s say the trucker had just had the tires replaced. A tire blows out because it wasn’t properly inflated, causing your accident. That situation would mean the mechanic or repair shop could be liable.
Your Attorney Must Prove Negligence
Aside from determining whose fault your crash was, your attorney must also gather evidence to prove that party was negligent. Claims of fault are not enough to warrant compensation for your injuries, so evidence like accident reports, pictures, and witness testimony are used to confirm your version of events.
Make Sure You Get Enough
After a semi-truck accident, most victims take time to recover. This may include ongoing medical care and physical therapy. That means your medical bills continue to rise, and so do losses associated with things like transportation to these appointments and lost wages from taking time off work.
The problem is that many victims settle too quickly and without accounting for these future costs. If you do so, you may have to pay these bills out of pocket.
Instead, work with a Utah truck collision lawyer who can calculate what your future expenses may be and include them in any requests for compensation.
When negotiating a settlement with the semi-truck driver or company, your attorney will likely ask for the following compensation:
- Current and future medical bills, including therapeutic expenses
- All current and projected lost wages
- Transportation costs
- Funds to retrofit a home or car to accommodate an injury
- Caregiver expenses
- Pain and suffering
The other party may choose to pay the requested amount, negotiate, or fight you in court.
Utah Truck Accident FAQ
Being in any accident is an overwhelming situation, but when you’ve been involved in a wreck with a commercial vehicle, things can be a whole lot more complicated. You know that you deserve compensation, but you probably have questions as to how the whole personal injury process works.
Call our firm to get all your questions answered during a free and confidential case review. Meanwhile, peruse the Q&As listed below for answers to some of our top inquiries.
How long do I have to file my big rig crash claim?
Utah limits personal injury claims to a statute of limitations of four years from the date of your injury accident. That means that you must file within that timeframe or risk having the court reject your claim for being untimely.
In addition, you should file your claim as quickly as possible, because evidence can be lost and memories of the accident can be forgotten.
Will the extent of my injuries affect what kinds of compensation I can receive?
Yes. If your injuries are minor, then you will likely have less damages as a result. If your injuries are very serious, however, you could be looking at extensive losses. Some injuries will prevent you from ever working again, and they could change your life forever. You can be compensated for all the losses you’ve faced, not just financial ones.
What are economic damages in a Utah big rig collision?
Economic damages are all the losses your commercial truck wreck has caused in your life of a financial nature. For instance, the medical expenses you’ve accrued are considered financial losses. Other economic damages are things like property damage, caregiving expenses, and physical therapy and mental health treatment costs.
What are non-economic damages in a Utah tractor-trailer crash?
The term “non-economic damages” is referring to the losses you’ve faced not tied to a financial cost. These losses can be things like the pain and suffering you’ve endured because of your crash. Other non-economic damages are lost enjoyment of life, mental anguish, embarrassment, humiliation, permanent scarring, and permanent injury.
Speak with an 18-Wheeler Accident Attorney
A qualified attorney can prove whose fault your truck accident was, how serious your injuries are, and how much compensation you need.