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Question:
I got in an accident with a truck driver, the police report established that it was his fault. Can I sue the truck driver or the trucking company?
Answer:
As an experienced Delaware County Personal Injury Attorney, I often speak to clients in regards to this matter. You must have damages to assert a negligence claim. In the context of a personal injury action, this means you must have incurred an actual physical injury. If you are sore and in pain, but did not experience any serious injuries, it is possible you may be able to assert a claim for “soft tissue” injuries. You should see a doctor to be sure there are not latent injuries, of which you are currently unaware.
Finally, if the truck company or truck driver’s insurance company is paying for the totaled vehicle, you will not be able to sue for damages related to the vehicle.
Are you thinking about suing for damages from an accident? If so, contact the experienced Delaware County Personal Injury Attorney Patrick Gibson.
This legal question was answered by Patrick Gibson, an experienced Delaware County Personal Injury Attorney. This does not consent an attorney client relationship.