Is there such a thing as truck accident lawyers? Lawyers, who have experience with semi-truck accident injuries? Semi-trucks are giant seemingly immovable forces. It can be catastrophic when a semi-truck gets involved in a motor vehicle accident. Most people have had near misses with a semi-truck at some point or another. But you might ask yourself what do I do if I were to ever end up in an accident with a semi-truck? How would I make sure my family was taken care of? What would I do about work or my ability to work? Where can I turn for answers?
What can I do if I am in a semi-truck accident?
If you are in a motor vehicle accident involving a semi-truck you may be able to bring a lawsuit for personal injuries. This lawsuit will work to ensure you are adequately compensated for the inconvenience of being injured. This includes things like any effect on your life, any wages you lose as a result of the accident, any wages you may lose in the future, any housekeeping assistance that has been or will be required, any future treatments that will be needed to deal with your condition, and out of pocket expenses relating to the accident. I truck accident lawyer will be able to assist you in determining some of these costs and if it is advisable to bring a lawsuit as a result of your injuries from a semi-truck accident.
If I Am Considering Bringing An Action For Personal Injury in a Semi-Truck Accident is There Anything I Should Consider?
You should first and foremost consider whether you were in the process of working at the time of the accident. Semi-truck drivers will generally be deemed to be “workers” by the workers compensation board in the province while they are in the process of operating for their job. What is a “worker” is a legal determination that the workers compensation board makes depending on the totality of the circumstances. If you were also working at the time of the accident, you may likewise be deemed to be a “worker” by the board. If this occurs, the Workers Compensation Act makes clear that under s 23 where two workers are involved in an accident in which one sustains injury that they cannot bring an action for personal injury. If you were working at the time of the accident or were doing something approximating work, there is a chance you may be found to be a worker which may imperil your ability to seek compensation in a personal injury lawsuit. Rather you would have to seek out a lawyer who specializes in WCB matters for any concerns you have with regards to the process or how your claim is being handled. Whether your personal injury action is barred or not will however be dependent on whether your/the other drivers employer has WCB coverage on the business or venture.
The other key point to consider is the circumstances of the accident. If you were not working at the time of the accident, you still have to consider whose fault the accident was. For example, if you and the other driver were proceeding in opposite directions and facing a solid green light, if you attempt to turn left in front of the semi-truck driver when it is not safe to do so you would generally be considered to be liable. As a result, you typically would not be able to advance a successful action for personal injury. However, it’s important to note that the fact patterns of various accidents can be very complicated. It’s a good idea to consult a personal injury lawyer and inform them of the circumstances in assessing whether you were at fault for the accident and are entitled to recover.
Who Would My Truck Accident Lawyers Be Suing in an Accident Involving A Semi-Truck?
If you are involved in a semi-truck accident generally you would sue the defendant driver, their employer, and if your injuries are severe enough that they might exceed policy limits on the defendant’s insurance you may also consider suing what’s called an SEF 44 depending on the circumstances. An SEF-44 is an add-on you can get to your own car insurance plan that will allow you to sue for any excess amount over the policy limits of the defendant’s insurance. This can be important when the defendant will not be able to provide funds for you to recover if the claim exceeds the overall limits of insurance. Regardless of if the SEF-44 is in play or not, the case would involve trying to prove negligent conduct on behalf of the driver and their employer. This might take the form of showing the driver crossed the centre line or made an unsafe left turn, or that the employer failed to provide adequate maintenance on the semi-truck.
Where Do I Go If I Need A Truck Accident Lawyer?
If you are looking to retain a truck accident lawyer for personal injuries you have suffered as a result of a collision with a semi-truck, call Alberta’s Precedent-Setting Law Firm. James H. Brown & Associates has been working to recover compensation for injured parties for almost 3 decades. We have established a name and a reputation for ourselves as Alberta’s Heavy Hitters of Injury Law. Call us today for your free consultation! Our truck accident lawyers are eager to work to ensure you receive the compensation you need to take care of yourself!