Rhode Island Roadway Disasters: Truck Accidents And Personal Injury Compensation Claims
Rhode Island may not be the largest state, but it sees more than its fair share of truck traffic. And all these commercial vehicles lead to collisions and other accidents on our roadways.
Accidents inevitably involve serious injuries or deaths, which personal injury claims and lawsuits can help provide some degree of financial compensation for. This article explains how that process works, as well as how the unique circumstances and nature of trucks and commercial vehicles impact the personal injury process. Keep reading to discover answers to trucking accident questions, such as:
- What injuries are likely to occur in truck accidents, and how are they compensated?
- What factors determine liability in truck-related accidents in Rhode Island?
- How does trucking company insurance involvement change the personal injury process?
What Severe Injuries Occur In Accidents Involving Semi-Trucks And Large Commercial Vehicles?
Because the trucks, semis, and other vehicles involved are so much larger than cars, truck accidents tend to cause truly devastating injuries. Deaths or severe injuries are common when trucks collide with cars, motorcycles, or even other trucks and buses. These injuries can include:
- Traumatic brain injuries
- Fractured bones, including in the spine
- Damage to internal organs
- And more…
All these injuries and more can occur in any accident, but are magnified when you are hit by a large commercial vehicle or a truck. In such an accident, you will be lucky to escape alive.
Even so, you are likely to face heavy medical bills, workplace consequences, and a great deal of pain and suffering. All of this can be alleviated, if not undone, by financial compensation from a personal injury claim.
Which Factors Determine The Amount And Type Of Compensation I May Receive In A Rhode Island Trucking Accident Case?
When it comes to making up for the harm done in such a devastating accident, nothing can truly undo the damage. However, within the bounds of the law, personal injury claims exist to get some form of compensation for all the suffering and costs endured so that, at least, the guilty party bears some of the burden.
The overall amount you can claim from them is determined by a combination of many factors designed to capture the total harm and damage suffered, such as:
- The most evident is, of course, the type of injury that you sustained. The more severe the injury, the more compensation is likely to result.
- All the medical costs, including treatment, surgery, emergency care, medication, and physical therapy, are added as well.
- Also to be considered is whether the injury causes you to lose time from work or prevents you from returning to your previous job entirely.
- Whether the injury is permanent or whether it will be resolved over time also plays a role.
- Objective evidence of your injury, such as x-rays and other medical testing to confirm the existence of all these factors, is certainly taken into consideration.
- Your age and any impact on your family and personal circumstances can also play a role.
- Finally, the type and level of pain and suffering that occurred because of the incident. For example, burn injuries are known to cause extreme pain and suffering. That pain is taken into account as well when determining the amount of compensation that you can claim.
All of these factors, and more, can come into play when your personal injury lawyer helps you prepare your personal injury claim and during negotiations with the insurance company involved or even in court if those break down.
What Should I Look For When Hiring A Personal Injury Attorney For My Rhode Island Trucking Accident Case?
Ideally, given the importance of this claim and the case for your recovery and future, you want the best. In this case, that means a lawyer who knows the law of the land, is familiar with local courts, and has handled truck accident personal injury cases before.
Your lawyer needs to be qualified and experienced enough to help you understand the value of your claim and be ready and able to argue for it in front of a judge and jury if necessary. That starts with ensuring they can prove that the blame for the accident falls squarely on the other driver or defendant.
What Key Factors Determine Liability In Trucking Accident Personal Injury Cases?
There is no doubt that you need compensation for your injuries and suffering, but to get it, you need to be certain and able to demonstrate that the other party is responsible. Determining liability and blame in any vehicle accident is difficult, however.
When trying to determine the actual cause of the accident, there will be questions not just about what happened and what both drivers did, but what they should have done. You and your attorney need to show that the other driver was not taking the care or actions a reasonable person would do under those circumstances.
If you can show they were reckless, careless, or inebriated, chances are you will be sure they will be held liable and have to pay. But what exactly they pay for is another matter; your lawyer also has to be able to demonstrate a clear causal link between the accident and the injuries you are claiming damages for.
How Is Liability Complicated For Severe Harm Like Traumatic Brain Injuries After An Accident?
Some injuries are obvious and easy to connect to an accident. If your paramedic noticed a broken femur emerging from your leg, and an X-ray taken that afternoon shows it, there is little room for debate or argument.
But if your symptoms only become unbearable later and are not visible or noticed at the scene, they could be considered subjective and hard to prove. You can bet an insurance company will contest their connection to the accident.
Traumatic brain injuries, for example, can be some of the most difficult to prove. They are often challenged on the basis that the symptoms could have been caused by some cognitive dysfunction unrelated to the motor vehicle collision. Instead, the insurance company will argue it is the result of your age or some preexisting condition.
While such injuries are more difficult to establish causation for, they certainly can be proven and approved. Doing so just requires the right expertise and familiarity with these injuries to draw the link between the collision incident and the traumatic brain injury that resulted. This is why you always want a qualified and experienced personal injury attorney, especially since you are up against major insurance companies backed by big law firms.
How Will Commercial Trucking Insurance Companies Impact Your Personal Injury Case Or Settlement?
On the one hand, you should always hope that there is an insurance company involved after your accident. After all, someone will have to cover all those damages to pay your compensation, and chances are an individual driver or a small-time company will not be able to.
Additionally, most insurance companies assume there will be a certain number of claims and are prepared to settle and cover much of the costs for most claims. Unfortunately, sometimes, they will not be cooperative, and when they decide to dig their heels in, they will have the means to fight.
These companies have big budgets and powerful attorneys; when they decide to fight, you had best make sure you have a dedicated and relentless lawyer on your side, too.
For dedicated and experienced Rhode Island Truck Or Commercial Vehicle Accident Personal Injury Claim representation, an initial consultation is the best first step. If you have been hurt or injured in a truck accident, call (401) 831-0555 today.