If you’ve been involved in an automobile accident and were injured, there are several ways to proceed in filing a claim for your medical expenses. Some of the steps include investigating the accident, documenting expenses, and seeking compensation for the damages caused by the other party. You also need to determine whether the person you’re suing was at fault in the accident. This is known as contributing negligence law.
Investigating the accident
For the uninitiated, investigating the accident that left you with a broken leg may be more taxing than you bargained for. Fortunately, there are services available to help. The first thing you want to do is gather information, not simply to prove your case. In order to get to that point, you will need to gather the requisite evidence, such as a copy of the police report. To be on the safe side, you will want to have an incident plan in place. It’s a good idea to keep a notebook on hand for this purpose. After all, you don’t want to leave the scene without getting the ball rolling.
Also read: Who do I sue if a delivery trucks injures me while on the job?
In a pinch, you can always call on the services of an experienced truck accident attorney. However, you will want to do the legwork to determine if you’re actually eligible for the aforementioned compensation. There’s no point in paying a claim, only to find out you’re ineligible.
Suing the at-fault driver
If you’ve been injured in an accident with a delivery truck, you may be able to sue the at-fault driver for compensation. However, the process can be expensive and complicated. Depending on the situation, you could have to file a lawsuit against multiple parties.
You may also be able to pursue a claim against the at-fault driver’s employer. This is called vicarious liability. It means that your employer is liable for the actions of your employee. It is often used to hold employers accountable for negligence during their employment.
In order to bring a claim against your employer, you must be able to prove that they were negligent in their role. You should also be able to show that you were severely injured in the accident.
The extent of your damages will depend on your insurance coverage. Your insurance provider will help pay the claim up to the limits of the policy. But, if your insurance is underinsured, your reimbursement may not be enough to cover all of your expenses.
Documenting expenses after the accident
One of the most stressful and confusing things that can happen to you after a vehicle accident is dealing with insurance companies. As a result, you’ll need to file an insurance claim, and you’ll likely have to deal with a myriad of vendors from which to choose. This is where documenting the big and little things can come in handy. You may want to compile a list of expenses, such as a rental car, a hotel stay, or a meal at a diner. You may also want to include any property that was lost, such as a wallet, purse, or camera.
It may not be possible to get your hands on a copy of every single expense on your behalf, but a record of the important ones will be handy should you find yourself in need of legal representation. Keeping track of these smaller expenses can save you from a major headache should the unthinkable ever occur.
Contributory negligence law
If your delivery truck injures you, you can file a personal injury lawsuit against the driver. The driver’s employer may also be held liable for your damages. You’ll need to show that the driver was negligent. However, if the truck’s maintenance or a faulty part contributed to your injuries, you might be able to recover damages.
Some states follow the contributory negligence rule, while others adopt comparative negligence. Each of these systems reduces your award by a certain percentage of your fault. It is important to note that the contributory negligence rule is only applicable in five states, and not in all states.
One exception to the contributory negligence law is the Last Clear Chance Doctrine. This rule applies to drivers who are partially at fault, but did not avoid an accident.
It is common for plaintiffs to focus on the delivery company in a civil lawsuit. This is because the company has more assets than the average individual. It also helps to keep a jury focused on the truck driver’s negligence. If your attorney can prove the driver’s negligence, you have a good chance of recovering damages.
