Your Legal Considerations When Caught In A Car And Truck Accident
World Health Organization numbers state that road traffic crashes are in fact the eighth leading cause of deaths among individuals around the world every year, with numbers reaching up to 1.25 million people dying of these crashes annually, and 4,300 people dying every day. Half of these numbers are from the WHO’s “vulnerable road users” population, or individuals like bicycle and motorcycle riders, as well as pedestrians. Outside these numbers are 20 to 50 million more people getting involved in these crashes and surviving, but with serious injuries or a disability.
In terms of a car and truck accident, however, it’s not wholly impossible to keep yourself safe from these circumstances. If you do happen to find yourself caught in an accident involving these two vehicles, then here are some legal considerations:
Consider the Basics
When it comes to car and truck accidents, one of the most important parts of determining legal considerations in filing a case is if there’s something to prove in the first place. Similar to other vehicle accidents, car and truck accidents are often a matter of proving negligence on part of the driver in order to be qualified or entitled to receive compensation. In legal terms, proving negligence means proving three things:
- Drivers have something called a duty to provide “reasonable care” to other road users. This is because vehicles, especially trucks, are typically large and therefore potentially dangerous. As a vehicle user, drivers need to be responsible to make sure everyone else’s safety is taken into account.
- Drivers can be proven negligent if they have actually failed in providing this reasonable care. This is called “breaching the duty.”
- Lastly, drivers can be proven at fault if such a neglect on the duty has caused the injuries suffered by the complainant or the plaintiff.
Special Circumstances Can Happen
Unlike other vehicular accidents, truck accidents can be especially dangerous to individuals when certain things happen to trucks. These can be used for or against your case if this situation has happened. For instance:
- Something called jackknifing occurs when large vehicles like trucks suddenly hit their brakes and turn. Drivers under these circumstances aren’t automatically considered negligent as certain factors including slippery roads or a turn that was made abruptly to avoid a motorist can be causes of a crash.
- In fact, accidents while turning can occur precisely because trucks are difficult to turn. In fact, a right turn can be taken most of the time through two lanes, which means negligence on part of the driver can be a bit tricky to establish in these circumstances.
To Settle or To Trial
One of the trickiest questions when it comes to accident cases is if you should proceed with a case or a trial. Given that car and truck accidents aren’t the same, the answer to this question also depends on a variety of factors. Perhaps important is to gain your lawyer’s advice on the matter to determine the right move for your situation.
- Both settlement and trials have particular advantages and disadvantages depending on your overall goal. If you’re prioritizing your bills, then perhaps a sizable settlement can help meet your financial needs immediately.
- If you think you need some form of justice for the situation, however, then perhaps a trial might be the more plausible option for you.
Remember, when it comes to studying your legal options following a truck accident, it’s important to understand what you’re trying to get out of the lawsuit first. Click here to get legal assistance on the matter, as a lawyer can be an extremely important resource in helping you determine the best course of action not only based on your desires, but on what can be best for you as well.