If you have been involved in a truck accident, you will not automatically have a right to claim compensation. You will only be able to make a claim if you can prove that the truck driver who caused your accident failed to drive with due care and attention.
If the truck driver had been driving under the influence of alcohol, or had been using his mobile phone at the time of the accident, you will find it easy to prove that he/she caused your accident. However, you will also need to prove that the injuries and losses you have suffered directly resulted from the carelessness of the truck driver. Therefore, it will be necessary for you to obtain medical evidence to demonstrate that the driver’s inattentiveness caused the injuries that led to your pain and distress.
If you contributed to your injuries in any way, then your compensation settlement will be reduced accordingly. For example, if you were not wearing your seat belt at the time of your accident, the truck driver’s insurance company will have a right to reduce the amount of compensation it pays out to you. This is called contributory negligence.
Make your claim in a timely manner, enlist the help of truck crash lawyer
In order to receive your compensation settlement, you must issue your claim within three years of the date of your accident. However, if you were under the age of 18 at the time of your accident, this rule will not apply to you and you must issue your claim within three years of the date of your 18th birthday.
If you win your claim, your truck crash lawyer will divide your compensation settlement into two main parts:
- General damages
This is compensation for the pain, suffering and inconvenience you have experienced as a result of the accident. To value this element of your settlement, your truck crash lawyer will obtain medical evidence from an independent medical specialist.
- Special damages
This is compensation for the financial losses you have incurred as a result of the accident. It may include the cost of repairing your vehicle (if relevant), seeking treatment for your injuries, travelling to and from the hospital, and hiring home help.
Grant your claim the best possible chance of success, hire a truck crash lawyer
To find out more about making a claim through the Accident Advice Helpline, please call our freephone helpline or provide us with your details via our 30-second test. Call free on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no obligation advice about making a claim for compensation.
Date Published: 10th July 2014
Author: Jan Newell