If you were injured in a truck accident at work
you may be entitled to file a claim outside of the workers compensation benefits claim. Trucking accidents involving truckers at truck stops and gas stations are common. In these cases truckers are involved in an accident with another big rig or freight liner In such cases they often assume that they will only be able to pursue a worker’s compensation claim. However, this is not correct. You are permitted to separate the claims.
Filing a Personal Injury Lawsuit in Truck Accidents
You are permitted to file an independent claim for injuries when the accident was caused by a third party. Who is a third party? Third parties are someone not employed by your employer. This includes other truckers working for other freight agencies. In these cases you will be allowed to file a lawsuit for damages outside of the workers compensation board.
Why is this important? Filing a worker’s compensation claim will only give you a right to recover for medical bills and loss of income. However, it will not allow for any recovery for pain and suffering. This is generally the most valuable component of your claim. However, keep in mind this should be pursued when you have injuries which actual pain and suffering does exist.
In certain cases a trucking accident can cause significant injuries
. Trucks carrying cargo can cause injuries which can leave other drivers seriously hurt. Many times these injuries will require corrective surgeries, long term orthopedic care and other life care plans. These injures can leave the driver with life time impairments, which can or will include significant pain and suffering. This is why it is important to pursue a claim for injuries, outside of the workers compensation benefits.
How to Divide or Separate My Truck Accident Claim?
California law allows you to separate claims if the injury was caused by a third party. For example if the injury was caused by another driver then it would be considered a third party issue. When a third party is responsible for the injuries, you will be permitted to file an independent claim for damages. While the process is more complicated, it abides by this general premise.
Common Truck Collision Injuries
Injuries after a truck accident can vary from moderate to serious. Here is a list of some of the most common injuries after a truck accident. If you have been injured seek immediate medical attention for your injuries.
- Traumatic brain injuries
- Loss of vision
- Ringing in the ear
- Broken bones
- Face and hand lacerations
- Neck injuries
- Back injuries
- Bulging discs
- Nerve damage
- Chipped tooth or dental damage
- Ocular injuries
- Traumatic eye injuries
- Mild traumatic brain injuries
If you have been injured it is important that you seek legal help for your injuries. Often times truck companies will attempt to mitigate their exposure and get a statement from you. Never give a statement until you have consulted with an attorney. Our attorneys are available to answer your questions at no cost to you. Contact us today for a free case evaluation.