Typically, off-road truck driving involves driving specially modified trucks that are driven off of public roads and on challenging terrain, which may include:
- Deserts;
- Muddy or rocky areas;
- Steep hills; and
- Other land features.
Off-roading may be engaged in on a solo basis or in a group, for example, at organized off-road race events. Because of the challenging terrain in addition to the use of modified vehicles, off-road truck driving may present certain specific risks of danger or injury resulting from accidents, including:
- Risks of vehicle roll-overs;
- Many off-road vehicles have a higher center of gravity than a standard vehicle in order to allow for clearance over rocks and other obstacles;
- Risks of collisions with other drivers due to high speeds and race maneuvering; and
- Risks of malfunction of the vehicle due to modifying or altering of original stock car parts.
Who Can Be Held Liable for Injuries Caused by Off-Road Truck Accidents?
Depending on the facts of an individual’s case, there may be different entities or parties that may be held liable for an off-road truck accident. For example, another vehicle or truck may be held liable for a collision that was caused by negligence or recklessness.
One example of this is when another off-road truck driver is driving at a very high speed in an area where there are individuals in the vicinity. Their liability may increase if they are driving under the influence.
An accident that is caused by a defect with an off-road truck may also lead to injury. In these cases, the manufacturer of the vehicle or truck may be held liable under a defective product legal theory.
One example of this is when there is a defect with a vehicle’s suspension that makes it more susceptible to a roll-over. Drivers may also contribute to their own liability in certain ways, including:
- Failing to follow vehicle instructions;
- Attempting risky stunts; or
- Driving beyond their known capability and skill level.
Are There Any Legal Remedies for an Off-Road Truck Accident Claim?
Many off-road truck accidents require legal action to resolve the resulting legal issues or disputes. In these lawsuits, monetary damages awards are often issued to the injured, or non-liable, parties.
The damages award may be sufficient to cover losses, including:
In addition, there may be other remedies, such as product recalls, that are enforced. This is common in cases that involve a product defect with the off-road vehicle.
If several individuals are affected by the same defect, a class action lawsuit may also be filed.
What Is a Personal Injury Claim?
A personal injury claim is a claim that an individual files when they have sustained an injury because of an act or a failure to act by another individual. An individual may suffer physical injuries, mental injuries, or a combination of both types.
Mental health injuries may include emotional pain and anguish that was caused by the accident. Physical injuries may include injuries to an individual’s limbs, organs, or other parts of their body.
An injury does not have to show up immediately, as some injuries develop over a period of time.
What Is the Goal of Personal Injury Litigation?
Generally, the goal of personal injury litigation is to compensate injured parties for their losses that result from accidents or negligent or reckless conduct on the part of a defendant. Typically, compensation is provided in the form of a monetary damages award.
The main type of damages in personal injury lawsuits are compensatory damages. These damages compensate the plaintiff for their financial setbacks that resulted from the actions of the defendant.
Compensatory damages typically include:
- Medical expenses;
- Hospital bills;
- Lost wages, such as those the individual lost because of missing work due to the injury; and
- Damage to physical property, for example, in a car accident.
What Are Some Common Difficulties Faced During Personal Injury Litigation?
One common difficulty that is faced during personal injury litigation is determining fault. In order for a court to find a defendant at fault, the plaintiff must show that the defendant was the cause of their injuries.
This is done by presenting evidence to the court, which may include:
- Medical documentation;
- Eyewitness testimony;
- Statements that were made by the defendant;
- Video surveillance; and
- Expert testimony.
Determining fault may be more difficult in cases that involve defective products. This is because a defective product may pass through many parties, which can make it difficult to determine exactly which party is at fault.
In some product liability cases, multiple parties may be held liable. These cases are complex and typically require the assistance of an attorney.
Another difficulty may be calculating damages, especially non-economic damages. These are damages that are intended to reimburse the injured party for intangible losses such as:
- Bodily pain;
- Mental distress; and
- Loss of pleasure in life.
Non-economic losses are more difficult to assess than economic damages, which include medical expenditures, missed earnings, and property damage. Economic damages can be calculated using well-established principles and methods and their value is often estimated with great precision.
In contrast, non-monetary damages are more difficult to quantify because they are dependent on subjective elements, including:
- The severity of the injury;
- The individual’s age; and
- The individual’s quality of life before the accident.
These damages are intended to reimburse the aggrieved party for intangible damages that cannot be measured in monetary terms. This issue can also be made more complicated by the fact that state laws may vary regarding damages.
There are some states that limit the amount of money that a plaintiff can receive. In some states, there are limits on the amount of non-economic damages that may be awarded in personal injury lawsuits, regardless of the severity of the injuries or the effect on the plaintiff’s life.
The amount of damages a plaintiff is awarded may be limited or reduced if the plaintiff somehow contributed to their own injuries. This is referred to as comparative negligence.
Under comparative negligence, the plaintiff’s award will be reduced by subtracting the percentage of damages that are determined to have been caused by the plaintiff’s actions. For example, if the plaintiff sues an individual for $100,000 but is found to be seventy percent at fault, they will only be allowed to recover $30,000 in damages.
In some states, the fact that the plaintiff was even partly at fault for their injuries may bar them from receiving any type of compensation. Because of these reasons, it is essential for an individual to have a lawyer represent them during a personal injury case.
Do I Need a Lawyer for Help with an Off-Road Truck Accident Legal Claim?
If you have been injured in an off-road truck accident, it is important to consult with a truck accident lawyer. These types of accidents may result in serious injury and property damage.
Your lawyer will review the facts of your case, be able to present complex medical evidence to the court, and ensure your interests are protected throughout the case. Your lawyer can also represent you during negotiations.
If you have been sued as a result of an off-road truck accident, your lawyer can advise you of what damages you may be responsible for. In addition, your lawyer will present the best defense possible in court and ensure your rights are protected.
