Answers To Common Questions About Catastrophic Truck Accidents
Injury cases are often filled with unknowns. At Vogel Law Firm, we work tirelessly to see that our clients have all the information they need after a trucking accident. Our Minnesota and North Dakota truck collision attorneys are highly knowledgeable in the process of filing a personal injury claim and take the time to ensure that you understand each step.
Below are some frequently asked questions and answers about truck accidents. For more, reach out to our firm directly to schedule a free consultation.
Who is liable in a trucking accident?
Through investigation, who or what was liable for the accident can be determined. It could be one or many parties, including:
- The truck driver, who was driving recklessly, speeding or abusing substances (alcohol and/or drugs) that affected their ability to control the truck
- The trucking company that hired the driver, and failed to properly train the driver, supervise the loading of the truck (leading to overweight or unbalanced cargo) or maintain the truck
- The owner of the truck, if separate from the trucking company, as they would be responsible for truck maintenance
- The company that loaded the cargo, if it was overweight, unbalanced or unsecured
- The manufacturer of the truck or truck parts, if aspects of the truck were defective
If the truck driver’s actions caused the accident, would I also be able to sue the trucking company?
Yes, you would. Employers are responsible for hiring, training and monitoring their employees. When a truck driver acts negligently and causes a catastrophic accident, the employer is jointly liable. The company’s insurer will also be a party to the litigation.
My loved one was killed in a trucking accident. What should I do?
We understand that losing a loved one in an accident is devastating and nothing can bring them back. However, in order to pursue justice and compensation that can help ease your financial burden, it is important to talk to an attorney about the possibility of filing a wrongful death claim. Not only can the negligent party be held responsible through this action, but it may also be possible to recover for medical expenses incurred before death, funeral costs and the loss of future income as well as the loss of care and companionship.
How are trucking accident cases investigated?
As with all personal injury cases, a truck accident case is thoroughly investigated. All aspects of the situation are examined, including truck driver and injury victim statements, witness accounts, police reports, the truck driver’s logbooks, trucking company records and more. We often enlist accident reconstructionists to determine what led to the crash and how it occurred. The more information we have, the more confidently we can pursue a claim.
What is the time limit for filing a claim?
In Minnesota and North Dakota, you typically have six years from the date of your injury to file a truck accident claim for injuries or wrongful death. While this may seem like a long time, it really is not. Personal injury cases take time to investigate and construct. So, to ensure that your case can be properly handled, investigated, filed and negotiated, it is important to get in touch with an attorney as soon as possible after an injury.
Will my claim be at risk if I wait to take legal action?
As mentioned above, the statute of limitations is rather generous compared to many other states. However, running out of time isn’t the only risk you take when delaying legal action. Truck accidents involve commercial trucking companies and commercial insurers, both of whom are highly motivated to protect themselves against liability. They may have insurance adjusters examining the accident site within hours, working to control the evidence and the official narrative of how the accident happened.
While you can’t respond as quickly as the defendants can, it is a wise idea to talk to an attorney as soon as you are able. We will begin our own thorough investigation immediately after being hired.
Learn More From Our Lawyers
When you have more questions, we have more answers. Talk through your truck accident case with an experienced member of our personal injury legal team. To schedule a free consultation, contact our office online or call us at 888-676-5889 today.