Car and truck accidents are a common occurrence on our roads and they often result in a wide range of injuries to people as well as damages to property. It’s however noteworthy that claimants at times end up getting shortchanged as they don’t get compensation that is commensurate to the injuries or damages that they incurred as a result of the accident.
In this article, we are going to look at the 2 major legal issues that govern car and truck accidents and how they impact tort cases.
Who bears ultimate liability for the accident?
From a legal standpoint, one of the most effective ways to win a case that involves an accident is by assigning blame to the party that bears the most responsibility. Whereas it may be a good start to sue the driver, it’s usually equally important to sue the driver’s employer in the event they were driving the vehicle on behalf of their employer, and you as the claimant can prove that the driver of the vehicle caused the accident as a result of their own negligence.
It’s also a good idea to find out whether there were other contributing factors such as bad roads, faulty vehicle, poor visibility and so on, and find out who is responsible for them and ensure that they are jointly sued alongside the driver and his employer.
What damages are you as a claimant entitled to?
The aspect of determining damages is where you strongly need legal representation from a lawyer who has specialized in torts. Never attempt to argue damages without proper representation. A good lawyer will help you make a claim for a host of damages which include but are not limited to medical expenses, pain and suffering, lost wages, lost earning capacity and even loss of companionship.
As long as these can be proven, then they can be claimed.
All in all, it’s advisable to seek legal redress as immediately as possible because the longer you wait, the harder it will be to prove your case.