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Tractor-Trailer Collisions

Every year tens of thousands of Americans are killed or seriously injured in automobile collisions.  Many of these collisions result from negligence.  In order to successfully prosecute a claim against a negligent driver there are three elements which must be present:

  1. Liability: In order to establish liability you must produce evidence establishing that someone else was at fault for the collision.  This can be done by establishing that the other driver breached his or her duty of ordinary care by failing to adhere to a traffic law.  If someone runs a stop sign; a red light; is following too closely; driving while intoxicated; failed to pay attention; or violates any other traffic law and causes a collision, they may be liable for the collision.  Liability is usually proven through the testimony of the parties, the witnesses or a police officer.
  2. Damages: In order to recover money damages you must suffer a physical or financial injury.  This includes damages to your vehicle and/or physical injuries.   If you suffer a physical injury you may be entitled to recover compensation for medical bills and lost wages, as well as compensation for physical pain, mental anguish, disfigurement and impairment.
  3. Source of Recovery: Finally, in order to successfully prosecute a personal injury claim there must be a source from which to collect.  Generally speaking this means that there must be an insurance policy that covers the negligent conduct of the other driver.  The insurance may be the other driver’s liability insurance policy or it may be your own UIM (uninsured / underinsured motorist) policy.  If you carry PIP (personal injury protection) or Med Pay (medical payments) coverage it may also provide a source of recovery. 

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