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Motor vehicle accidents of any kind can be devastating, but those involving commercial trucks are often catastrophic. Since 18-wheelers are so much larger than most other vehicles on the roadway, the destruction can be life-threatening. If you or someone you love has been critically injured in a trucking wreck, and you believe someone else is responsible, you may have an opportunity to hold them accountable.
Connect with a trial-tested Cumberland truck accident lawyer from Gemma Law to explore your legal options further. With 50+ years of trial experience and millions of dollars recovered in trial verdicts and insurance settlements, you can feel empowered when you have our dedicated Cumberland personal injury lawyer handling your case.
Contact us to request a free consultation today and discuss the type of injuries you suffered, the extent to which your life has been affected by your injuries, and what to expect next from your case.
When to Sue for Damages After a Truck Accident in Cumberland
The aftermath of your commercial truck accident may be as overwhelming as the collision itself. Not only are you struggling to cope with your injuries, but the emotional distress and financial losses you now have to contend with can make you feel as though the weight of the world is on your shoulders.
You may be unsure whether you have the right to file a claim or if your case will be taken seriously, so here are a few of the telltale signs that you may have the right to sue:
Catastrophic Injuries
If you have suffered any type of catastrophic injury, you may have the right to compensation for your losses. A catastrophic injury is any type of injury that has a profound and significant impact on your life. For instance, if you suffered a traumatic brain injury, had to have a limb amputated, or were left paralyzed as a result of your injuries, filing a legal claim may be in your best interest.
Extreme Financial Losses
Experiencing astronomical financial losses is a sign that you have grounds for a truck accident claim. Your Cumberland car accident lawyer will review your economic damages at length to determine the extent of your losses. Some examples of financial losses that could be recovered in a truck accident lawsuit or insurance claim include:
- Hospital bills
- Loss of income
- Prescription medications
- Vehicle repair costs
- Ambulance bills
- Physical or occupational therapy
- Loss of paid time off
- Loss of sick leave
- Medical home accommodations
- Diagnostic testing
- Loss of health insurance coverage provided by your employer
- Over-the-counter drugs
- Rental car expenses
- Medical equipment and devices
- Loss of salary increases
- Mental health counseling
- Insurance premium increases
- Reduced earning capacity
- Future medical treatment
- Personal property damages
Emotional Distress
You may also have the right to sue if you have suffered extreme emotional distress. Sometimes, the emotional trauma that comes with a devastating tractor-trailer accident is more impactful than all financial losses combined. When this happens, the court system allows you to be compensated fairly by awarding non-economic damages.
You can seek compensation for emotional distress, but there is also pain and suffering to consider. You should be compensated for your inability to participate in activities you previously loved, trouble maintaining relationships with family and friends, and any skin scarring or disfigurement you may have experienced as a result of your injuries.
While not issued in every personal injury case, under Rhode Island General Law § 28-5-29.1, if the trucker or trucking company acted maliciously or with gross negligence, punitive damages may be appropriate in your case.
For a free legal consultation with a truck accident lawyer serving CumberlandCall 401.467.2300
Exploring Liability for Commercial Truck Accidents
Your Cumberland truck accident attorney with Gemma Law will need to determine how your collision occurred. This will help us identify the liable party and figure out how to proceed with your case. Here are some of the parties most frequently named in truck accident lawsuits and insurance claims:
Trucking Company Negligence
Trucking companies are regularly liable for commercial truck accidents. Your truck accident lawyer in Cumberland will need to review safety inspection logs, employment records, communications exchanges, and other evidence to determine whether the trucking company’s negligence contributed to your injuries.
We see this most often when trucking companies encourage their truck drivers to violate work hour restrictions per the Federal Motor Carrier Safety Administration (FMCSA) regulations under 49 CFR 395.
Reckless Truck Drivers
Reckless truckers are also found culpable for 18-wheeler accidents. Despite the fact that people who hold a commercial driver’s license (CDL) are held to a higher standard when it comes to operating a vehicle, far too many truckers fail to take their role as seriously as they should. Drivers are frequently found liable for damages when they engage in negligent driving and different types of distracted driving, such as:
- Speeding
- Following too closely
- Failure to stop
- Driving while fatigued
- Failure to check blind spots
- Making unlawful turns
- Failure to yield
- Failure to yield to the right-of-way
- Distracted driving
- Road rage
Truck Owners
You may also find the owner of the tractor-trailer shares responsibility for your injuries. The truck owner has an obligation to ensure the truck is in safe working order at all times. Failure to do so could be considered negligent and leave the truck owner open to liability for your damages.
Cumberland Truck Accident Lawyer Near Me 401.467.2300
Consult a High-Powered Truck Accident Lawyer in Cumberland for Help Today
The fallout of a commercial truck accident can be profoundly impactful. It is not only about the injuries you suffered or your extreme financial losses. It is about the emotional toll your injuries and the accident itself have had on your life and the way your life will continue to be affected by the trauma of the accident and any permanent disabilities you may have sustained.
The liable party should compensate you for every single loss. With help from your experienced truck accident attorney in Cumberland from Gemma Law, you can start to pick up the pieces of your life.
When you are ready to schedule your free, no-obligation consultation, simply call our office or complete our secured contact form to get started on your case as soon as today.
Call or text 401.467.2300 or complete a Free Case Evaluation form
