How Compensation May Vary Depending On The Type Of Truck Involved In An Accident

Big truck after collision with a smaller vehicle

Being hurt in an accident with a tractor-trailer or another type of large commercial vehicle can be devastating. It can be confusing and stressful to sort out who may be responsible for damages such as medical bills, lost wages, and pain and suffering. The truck accident attorneys at Thomas, Conrad & Conrad are seasoned litigators who understand the nuances of commercial vehicle claims. They can help you understand the factors that influence the amount and type of compensation you may be entitled to recover.

Determining Who Was At Fault For A Truck Accident

Before a truck accident lawyer can figure out how much compensation may be available, it’s crucial to determine who was at fault for causing injury and other damages. Once fault is established, then potential sources of compensation can be identified. Investigating a commercial vehicle accident and proving fault is a complex process. Before hiring an attorney, make sure they have plenty of experience investigating and litigating these types of claims.

What Type Of Vehicle Is It And Who Owns It?

Compensation amounts can depend on the type of truck that is involved and who owns it. If a driver is an independent contractor, they may have a limited amount of liability insurance. Each state has its own minimum limit that is required. The Federal Motor Carrier Safety Administration (FMCSA) also sets minimums for different types of vehicles, the cargo they’re carrying, and how many occupants or passengers can fit in the vehicle.

For example, an independent trucker who carries freight or a small construction company with one dump truck may have only minimum coverage of $750,000, while a large trucking company most likely carries liability policies worth millions of dollars. Even if a company claims that a driver is an independent contractor, when a truck is used in interstate commerce to transport goods a driver may be considered an employee regardless of how a trucking company may attempt to classify them. These issues can be very murky.

It’s also important to keep in mind that insurers do not have your best interests in mind. That’s why it’s vital to hire an experienced truck accident attorney who is familiar with the underhanded tactics trucking companies and their insurers may use to get themselves off the hook for compensation.

Insurance Policy Limits Affect Compensation Amounts

Catastrophic injuries such as traumatic brain injury, spinal injury, amputation, and other serious injuries can require costly medical treatment and lifelong care. The amount of compensation you recover in your accident case may be limited by insurance policy limits on a commercial vehicle, but you also may be able to file a claim with your own auto insurance company. If a defective part or vehicle malfunction caused the accident, the manufacturer may be liable as well. A truck accident attorney will thoroughly investigate your claim and review all policies to determine how much coverage and compensation may be available to you.

When A Municipal Vehicle Is Involved In An Accident

If a truck or commercial vehicle is owned by a municipality or government agency, things can get even more convoluted. Many government entities enjoy special protections when it comes to personal injury liability. Even if you are able to bring a claim against them, there are specific procedures and strict deadlines and time limits that may apply. You may have only a short window of time to file a claim, so it’s important to act fast. If you or a loved one has been hurt in a motor vehicle accident, contacting a personal injury attorney as soon as possible can significantly increase your chances of recovering maximum compensation for your injuries.

Contact A Truck Accident Lawyer

At Thomas, Conrad & Conrad, our team of dedicated truck accident attorneys is committed to making things right for injured victims. Our experienced personal injury lawyers will evaluate your case, advise you of your options, and fight to help you get the full and fair compensation you deserve. To schedule a free consultation, contact us online or call our Bath office at 610-867-2900. We serve clients throughout eastern Pennsylvania.

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