It is perhaps not surprising that so many people who travel on American roads every year are injured as a result of accidents involving large commercial trucks. Large commercial trucks can weigh up to 30,000 pounds when they are packed with freight. They are far longer and far heavier than ordinary passenger cars, trucks, minivans, and SUVs are. They have large blind spots, wide turning radiuses, and it is difficult to stop these vehicles if an urgent need arises very suddenly.
When large commercial trucks collide with passenger vehicles, the devastation that occurs can be catastrophic. Most of the time, unless a commercial truck rolls as a result of its accident, those traveling in cars and other light vehicles tend to suffer more serious injuries than truck drivers do. If you have recently been injured due to a collision involving a large commercial truck, you are only too aware of these tragic realities. Understand that you are not alone and that an experienced personal injury attorney can help you seek any compensation to which you may be entitled as a result of your accident.
Workers’ Compensation Benefits
If you are eligible to receive workers’ compensation benefits, you can apply for these benefits after suffering injuries while engaging in work-related activities. It does not matter if you were driving a company vehicle at the time of your crash or not. All that matters is that you were engaged in work-related activity when you sustained injury. Workers’ compensation isn’t a fault-based system, so you’re likely entitled to these benefits even if you were partially or totally to blame for your wreck.
Personal Injury Lawsuits
As an experienced car accident lawyer – including those who practice at The Law Offices of Barry P. Goldberg – can confirm, those who are injured while traveling for any reason may be in a strong position to file a personal injury lawsuit after suffering harm in a truck crash. Even those who are eligible to receive workers’ compensation benefits may file a lawsuit, provided that they don’t name their employer as a defendant. This limitation exists because employers who purchase workers’ compensation coverage for their full-time and part-time employees enjoy limited liability for injuries and illnesses that arise as a result of work-related circumstances.
Unlike the workers’ compensation system, pursuing compensation via civil court is a fault-based endeavor. In order to mount a successful personal injury lawsuit, you must prove four essential elements.
- An at-fault party owed you a duty of care under the law
- That party breached its duty of care as a result of negligent, reckless, or intentionally harmful conduct
- Your injuries were caused as a direct result of that breach
- You suffered some kind of tangible loss – such as medical bills or lost income – as a result of your injuries
If you are unsure of whether you’re in a position to sue others for the harm you’ve suffered, connect with an experienced attorney to clarify your legal situation.