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Any type of motorcycle accident is extremely dangerous for the rider and passenger. The accident can be even more hazardous when a semi truck is involved. Here, there are some special considerations that you need to be aware of that can affect your legal case. The end result might be significant financial compensation for your injuries. As always, you need the help of an experienced motorcycle accident attorney. Desai Law represents injured West Virginia motorcyclists in their legal cases as they seek money for their injuries.
You Can Sue the Trucking Company for the Accident
If you have been involved in an accident with an individual motorist, you will pursue the driver personally to have them pay for damages caused by your motorcycle accident. There are additional potential defendants if you have been involved in an accident with a semi truck. Most importantly, you may be able to sue the trucking company that employed the driver for your injuries. The trucking company will be legally responsible for the driver’s actions, so long as they occurred within the scope of their employment. This legal principle is known as respondeat superior, and it can work to your benefit in an accident involving a commercial truck.
It is in your interest to sue a trucking company because they have more insurance coverage and assets to pay for your injuries. As a result, you can end up with more money in your pocket. On the flip side, cases involving trucking companies may be more difficult, and you need an experienced motorcycle accident lawyer to represent you.
There May Be a Different Set of Evidence That Can Be Used for Your Case
Of course, you will rely on more “traditional” forms of personal injury evidence to win your case, should you have it. When a semi truck was involved in the accident, there may be other evidence that can be used to either prove your case or even show that the trucking company had little to no respect for regulations.
The truck’s “black box” is one key piece of evidence you can use to prove liability in your case. Also known as the electronic data recorder, the black box may contain evidence about how the operator was driving the truck at the time of the accident. You can also access things like the personnel record for the individual driver involved in the crash, as well as maintenance and inspection records for the truck.
Injury claimants can obtain this evidence through the discovery process if you have already filed a truck accident lawsuit. However, before filing a lawsuit, you must immediately and properly direct the trucking company to preserve this evidence in anticipation of a potential trial.
Most people do not know how to preserve, gather, and properly examine truck accident evidence. Fortunately, your accident lawyer handles all of this for you. The sooner you call, the better.
Federal Truck Regulations Would Apply to Your Case
Everyone on the road must follow traffic laws. Semi trucks have an additional set of laws and regulations they need to follow as a condition of their license. An extensive set of federal trucking regulations may come into play in your case. For example, there are hours of service limitations and maintenance requirements that trucking companies and truck drivers must follow.
If you can prove that federal regulations were violated, it may help your case. There is a legal concept called negligence per se, which states that a violation of the law is evidence of negligence in itself. Thus, you may not have to go through all the work necessary to prove negligence if you can show that a law was violated. In addition, if you can show that the trucking company has a history of noncompliance with federal regulations, it may even put you in a position to receive punitive damages if you win your trial.
You May Be Blamed for the Accident
The insurance company is motivated to blame the motorcyclist for the accident. If a truck was involved in the accident, two things hold true:
- The biker was likely seriously injured, or even killed, in the accident
- There is a considerable amount of money at stake
You need to push back when the insurance company is trying to cast blame on you as the accident victim. If you do not fight back, not only does the insurance company control the narrative in your case, but the very compensation you are relying on can be at stake. A motorcycle accident lawyer needs to present evidence that can clear the name of the injured biker.
A Family May Be Able to File a Wrongful Death Claim
Any type of motorcycle accident has a much higher probability of leading to a fatality. The chances are even higher that a biker may have been killed in the crash when there was a semi truck involved.
If your family has lost a loved one in a motorcycle accident, you may be eligible for wrongful death compensation. Here, the responsible party should compensate your family for every way you have been affected by the loss of a loved one. The prerequisite is that you prove the death was wrongful. If you file and win a wrongful death lawsuit, your family can receive a considerable amount of compensation for your tragic loss.
Contact a Morgantown Motorcycle Accident Lawyer Today
If you have been injured in any type of accident while on your bike, whether it was with a passenger car or a semi truck, you need legal help from a motorcycle accident attorney. Desai Law can provide you with vigorous legal representation as you pursue the responsible party for the full amount of financial compensation you deserve for your injuries. You can schedule a free initial consultation with a motorcycle accident lawyer by filling out an online contact form or calling us today at (304) 974-1974. You never pay anything for our time unless you win.