How to Obtain Compensation After an Underride Accident
Many states have an “at fault” system, including North Carolina, South Carolina, and Georgia. These states force drivers who are found to have caused an accident to pay for the resulting damages to others. Basically, if a driver gets hurt in a truck accident, they can file an insurance claim against the trucking company and receive compensation if they can prove the company was at fault.
States that have a “no-fault” system, like Florida, require accident victims to file under their own personal injury protection (PIP) policy unless they have a qualifying “serious injury.” Since many truck accidents result in major injuries and commercial carriers are required to hold liability insurance, accident victims can often pursue a claim, in the same way, an “at fault” state would.
Damages available after a typical underride incident include compensation for:
- Medical expenses, past, and future
- Lost wages
- Out of pocket expenses
- Pain and suffering
- Loss of earning capacity (if permanently disabled)
- Loss of a limb, permanent disability, or permanent disfigurement
- Funeral and burial expenses (wrongful death)
- Loss of lifetime income and benefits (wrongful death)
Accident victims are expected to compile all of their losses and request compensation through an insurance claim. They may be asked to prove that all expenses were “reasonable and necessary” and directly related to the accident.
If the insurance company denies that their policyholder is responsible or they don’t want to offer a fair settlement, then the accident victim has the option of filing a lawsuit with the help of a truck accident lawyer.
Who Is Responsible for Medical Bills and Other Damages After an Underride Accident?
There are many possible at-fault parties who could be held liable for your accident damages, including some you may have not considered. Possible negligent parties include:
- The employer of the truck driver if the driver was negligent
- The carrier company if they were negligent in their maintenance and safety inspections
- The manufacturer of the trailer or rear guard system if they had a dangerous defect
- The company responsible for maintaining the truck or trailer
- The manufacturer of a defective tire or another key safety component
- Other passenger vehicle drivers who acted negligently
At Auger & Auger, we vigorously investigate every accident to determine all possible negligent parties. We then pursue the maximum amount of damages available using proven legal tactics, increasing our clients’ chances of recovering money to repay their damages.
Work With an Accident Law Team Who Will Work Hard for You
Auger & Auger works tirelessly to investigate your accident, consult with industry professionals, and account for every penny of your accident-related losses. We also research relevant laws, regulations, and past cases to build a strong case to prove that another party is liable.
Your first case review is always free with no obligation to continue working with us afterward. If you do use our services, you never pay for any of it unless we are able to recover money for you.
Schedule a free case evaluation with an experienced truck accident lawyer now when you call (855) 969-5624 or contact us online.