Truck Accidents: How Fault is Determined
A truck accident tends to have severe consequences. The truck is typically much bigger than other vehicles involved in the accident, which means there can be significant property damage and serious injuries. Lives may be lost or drastically changed forever. If the trucker is at fault in this accident, they need to be held liable for their actions.
Determining who is responsible for this type of accident can be challenging. In addition to the truck driver, the trucking company, truck manufacturer, and others may have played a role. Anyone injured in a truck accident should contact an attorney for help. Attorneys help victims navigate these complex cases and work to get the compensation they deserve.
Outline
- Determining Fault
- Trucking Regulations
- Who to Sue?
Determining Fault
A person cannot get behind the wheel of a big rig until they have been appropriately trained and secured a CDL license. In addition, the company employing the driver must ensure they have the proper credentials. However, the mechanic responsible for maintaining the truck may bear some blame for the accident, or the manufacturer might be held liable for injuries and property damage if there is a defect in the truck design. The shipping or loading company might also be to blame. A lawyer examines the facts of the case to determine who should be named in an insurance claim or lawsuit.
Trucking Regulations
Every state has a Department of Transportation that regulates truck drivers. In addition, the United States Department of Transportation and the Federal Motor Carrier Safety Administration oversee and enforce trucking laws and regulations. Several regulations are in place that determine liability in a trucking accident. Companies holding trucking permits can be held accountable for the actions of their drivers. There are also regulations regarding how long a driver may be behind the wheel before taking a break, the maximum weight of these vehicles, hazardous waste transportation requirements, and others.
Who to Sue?
A victim must prove the parties named in a suit are responsible for the accident. To do so, the victim must show they broke the law or were negligent, and these actions led to the accident. One problem many victims encounter is that trucking companies lease the vehicle and work with independent contractors rather than hiring employees.
In the past, doing so would allow them to avoid liability. However, times have changed. Trucking companies can now be held responsible in many situations. An attorney can help a victim determine if the trucking company should be named. Naming the trucking company in the suit increases the odds of the victim receiving fair compensation, as trucking companies typically have more extensive insurance policies than the contractors they hire.
Due to the complexity of truck accidents and the injuries typically involved, it's best to work with an attorney to secure compensation. The attorney evaluates the facts of the case to ensure nothing is overlooked when requesting this compensation. They will ask that the victim be reimbursed for all medical expenses, time lost from work, household expenses directly related to the accident, pain and suffering, emotional damages, and more.
Insurance companies are in business to make money. They offer the lowest settlement possible in hopes the victim will accept it. This settlement typically doesn't represent the total amount the victim is entitled to. Before agreeing to any settlement offer, consult with an attorney. Even if the victim chooses not to hire an attorney, they can have peace of mind knowing they are receiving fair treatment when dealing with the truck driver and other involved parties. This peace of mind is priceless.
