Civil liability in truck traffic accidents is a topic that generates many doubts and controversies among users. And at the time of an accident, the affected person or the cause always ask themselves: Who should pay for the damages that occur when a truck collides with another vehicle or with a pedestrian? What rights do I have as a victim to claim compensation? What role does the lawyer play in these types of cases? That’s why we will clear your doubts and give you some practical advice to deal with this situation.
Practical advice that you should keep in mind at the time of an accident
The first thing to keep in mind is that trucks are special vehicles that have their own characteristics and standards. For example, its weight, size, load, speed, braking distance, among other things. All of this makes truck traffic accidents more serious and more complex than those involving other vehicles.
In addition, trucks are usually covered by mandatory civil liability insurance and by other voluntary or complementary insurance. This means that there are several insurance entities that can intervene in the compensation process. Thus, there may be one insurer for the truck, another for the cargo, another for the trailer. This also complicates the matter and can generate conflicts between the parties.
Types of civil liability in accidents
Civil liability in truck traffic accidents can be of two types: contractual or extracontractual.
Contractual liability
It is understood when there is a contract between the carrier and the recipient of the cargo, and the accident occurs due to breach of contract. For example, if the truck arrives late or damaged at the delivery location. In this case, the victim can claim from the carrier or its insurer for the damages caused by the accident.
Extracontractual liability
Extracontractual liability occurs when there is no contract between the parties, but rather the accident occurs due to the fault or negligence of the truck driver or another agent. For example, if the truck invades the opposite lane or hits a pedestrian. In this case, the victim can claim from the driver or his insurer for the personal and material damages caused by the accident.
In both cases, the victim has the right to compensation for the damages suffered. These damages can be of various types: bodily injuries (injuries, consequences, disability, death), material damages (vehicle, personal belongings, loss of earnings), moral damages (pain, suffering, loss of quality of life) and consequential damages (expenses). doctors, rehabilitation, legal assistance).
Steps to claim compensation in the event of a traffic accident
To claim the corresponding compensation, the victim must follow a series of steps:
– Collect all possible information about the accident
– Contact a lawyer specialized in truck traffic accidents. The lawyer will be able to advise the victim about their rights and legal options.
– Negotiate with insurers a fair compensation offer in accordance with the damages suffered.
– If an agreement is not reached with the insurers, file a lawsuit against the person responsible for the accident and their insurer. The lawyer will be able to prepare the claim and defend your interests.
– Collect the compensation agreed upon or dictated by the judge.
Civil liability in truck traffic accidents is a complex issue that requires professional and specialized legal assistance. Therefore, if you have been the victim of an accident involving vehicles or trucks, do not hesitate to contact a lawyer who is an expert in these cases, who will help you resolve it in the best possible way.
