The National Highway Traffic Administration records show that, almost every minute of every day, an automobile accident occurs in the United States. Some result in a fatality, but most of them have injuries or property damage and result in some type of lawsuit. Of these accidents, many are accidents that involve trucks that may have different results for litigants in a courtroom. This article will address briefly how to differentiate between a truck accident and a car accident, especially when a lawsuit is involved.
What to Know About Car Accidents and Truck Accidents
When a traffic accident is of the nature that it will involve the parties going to court over the matter, it is important whether the accident involves trucks or cars, as well as how severe the accident is. Michael T. Gibson P.A. and other attorneys and law firms are in the business of helping their clients understand these differences and provide advice on how to proceed.
A commercial truck accident is probably going to be more complex than a routine car accident, and the injured party needs to be aware of what he or she may be entitled to. For example, a trucking company will have a team of highly-trained litigators who are used to warring with plaintiffs who want to hold the trucking company accountable.
Specific Things About Truck Accidents
Anytime there is an accident involving a truck, especially a tractor-trailer, the injured party will probably be able to sue both the driver and the trucking company, depending on the cause of the accident. A lot of factors can arise when the accident involves a large truck, such as whether the driver was negligent, the truck had a mechanical failure, or the truck was hauling some dangerous substances that led to health issues.
It may be helpful to remember that about 30 percent of all accidents with trucks will have a defect with the tires. It is also important to keep in mind that these days many commercial trucks will have some type of camera that will have recorded the accident.
Specific Things About Car Accidents
When involved with a car accident, it will be necessary to ensure to get all the pertinent information, such as driver’s license and insurance information after ensuring that no one is severely injured. It will also be much easier to receive when involved in an accident with a passenger vehicle.
Unlike truck accidents, passenger vehicles may not have camera recording equipment to provide an accurate picture of what happened. The injured party will need to quickly write down everything he or she can remember about the accident.
Other Things to Keep in Mind
The statute of limitations must be kept in mind when deciding to file a lawsuit lest the injured party lose the opportunity to get compensated for damages or win the case. The injured party must also find out what kind of damages can be recovered from the accident and what caps there are on the damages if any.
The injured party also must be aware if there is an opportunity for the other party to claim the injured party is partly at fault for what happened. If this is the case, it may turn out that the injured party will receive very little in the terms of damages, or even receive nothing at all. Talking to a personal injury attorney will help the injured clients know their rights.