Is it possible to claim for accident with truck since I broke my leg in the crash?
Because you sustained an injury in the truck crash, you should be able to claim for accident with truck, as long as it can be proven that another road user – or the authority responsible for maintaining the roads in a safe condition – was negligent in their actions, or lack of action, and that their lack of care led to you sustaining an injury.
As your accident was a serious one – a broken leg injury would certainly have warranted the summoning of an ambulance to the accident scene – you should have already completed the first important procedure for claiming compensation for a truck crash injury. By being treated by a medical professional, your medical records would have been updated to include the injury you suffered in the accident with the truck. This record is an essential document that can be used to support your claim.
To further support your truck collision claim, you should be able to present a copy of the Garda report to your solicitor when you meet with him or her to discuss the circumstances of your accident and subsequent injury. It is recommended that you speak with a solicitor as soon as possible following medical care, as a claim for accident with truck has a much higher opportunity of success if pursued with the assistance of a legal expert.
In the initial consultation – that most solicitors offer without charge – your solicitor will assess your truck collision claim by investigating how the accident occurred and by factoring in elements such as your age, general state of health prior to the accident and the possible issue of contributory negligence, along with any relevant evidence you may have supplied them with. If your claim for accident with truck is deemed viable, your solicitor will be able to assist with the gathering of further evidence – such as witness statements and CCTV footage, if possible – and can fill out the application for assessment to the Injuries Board Ireland on your behalf to ensure that no omissions or errors that may affect your claim are made.
In the event that you are approached by the negligent party’s insurance company with an early offer of compensation for your truck crash injury, you should refer it immediately to your solicitor. Such offers are usually made to reduce the costs of the insurers and rarely include all essential aspects of the victims claim – loss of earnings, for example, or their loss of amenity, i.e. the effect the injury has had on their quality of life. Your solicitor will be able to evaluate the offer to determine whether it adequately represents the full impact of your injury or can recommend that you would be better served by commencing legal action.
It is important that your claim for accident with truck is thoroughly investigated and professionally prepared by an experienced solicitor in order to maximise the probability of success and of recovering compensation for your broken leg in the quickest time possible.