You are legally entitled to seek compensation for damages in an accident that was someone else’s fault. The personal injury claim process for a truck accident can become complicated, especially if there is a lack of evidence or uncertainty about the accident's liability. An experienced personal injury lawyer can help you navigate the process. It also helps to understand what is needed to pursue compensation in a truck accident case.
Liability in Trucking Accidents
The state of Missouri follows a pure comparative fault law to determine liability in auto accidents, including truck accidents. According to this law, any party involved in the accident can be held partially responsible for the accident. The total amount of compensation is based on the percentage of fault for the accident.
To pursue compensation, one of the first things that need to be done is to establish liability. Multiple parties can be responsible for a truck accident, including the truck driver, cargo loading company, truck manufacturer, or trucking company. A single party or a combination of multiple pirates could be held liable for the accident.
Gathering Evidence for a Personal Injury Case
If you were a truck accident victim and suffered injuries or property damage, you will need evidence when seeking compensation to establish who was at fault for the accident. There are various types of evidence that can be used in a truck accident. Photographic evidence from the accident site can show the injuries and property damage suffered due to the accident. It can also be used to determine who was at fault for the accident.
Your attorney can also try to obtain video surveillance evidence that shows how the accident happened. Other forms of evidence include witness statements, expert testimony, and physical evidence from the accident scene. The stronger your evidence, the better your chance of getting full and fair compensation in your personal injury claim.
Damages in a Truck Accident
Another important aspect of pursuing compensation is to establish the damages you suffered in the truck accident. Generally, there are two categories of damages - economic damages and non-economic damages. Economic damages include your medical expenses, lost wages, and other financial damages. Non-economic damages involve the impact of truck accidents on your mental health. For example, if you suffered anxiety or depression as a result of the accident, that would be included in the non-economic damages.
Importance of Legal Representation
Expert legal representation is the key to maximizing your personal injury compensation. An experienced St.Louis, Missouri personal injury lawyer can negotiate with the insurance company and gather evidence. If you were partially at fault for the accident, the attorney could help you maximize your compensation.