If you’re involved in a truck accident case, it’s important to know who is liable for your medical bills, lost wages from time off work, and any other related costs. The liability in these types of cases can be tricky to determine because there are several different parties that could potentially be liable for your injuries and any property damage.
It could be the trucking company (either directly or as part of a larger corporation), the driver who was operating the vehicle at the time of the crash, any co-workers or supervisors who may have been monitoring them, and even third parties who were present on site during your crash, such as a manufacturer.
Below you will find information about how you can determine who is liable in a truck accident.
The Basics of Negligence and Liability
The key to any truck accident case is negligence — the state of being negligent. This is a legal term that refers to a person’s failure to act in a reasonable or responsible way and causes damage to another person or their property.
Whether you’re bringing a claim against a truck driver, a trucking company, or some other party involved in your accident, you’ll need to prove negligence.
The Basics of Strict Liability
Strict liability means that you do not have to prove any negligence on the part of the driver. You do not have to prove that the driver did anything wrong or careless. The classic example is with a defective product. If a truck’s brakes fail and it gets into an accident, strict liability applies.
In this case, a truck accident lawyer can put the truck’s manufacturer on the hook for your injuries. But strict liability usually only applies in cases where the defect is obvious. In cases where a product is defective, but the defect isn’t obvious, negligence will usually prevail.
When a Company Is Responsible For an Accident
If you’re in an accident with a company’s truck, that company may be responsible for any injuries you sustain.
For example, let’s say you’re riding in a car and a delivery truck rear-ends you. The driver of the truck works for a local delivery service but the delivery service is a contractor hired by a food company.
In this case, the food company would likely be responsible for paying any damages the accident caused. This is because the trucking company is likely covered by the company’s general liability policy. This is a type of insurance that covers a company and its contractors in the event that they cause injuries to others.
Once you’ve figured out that the company is liable, you’ll want to get one thing straight: you need to file a claim against that company with the help of a truck accident lawyer.
How a Truck Accident Lawyer Can Help
If you’re in an accident with a truck and the trucker is at fault, you might consider hiring a truck accident lawyer. An experienced truck accident lawyer can help you navigate the complexities of your claim and make sure that you’re fully compensated for the damage done to you and your vehicle.
A truck accident lawyer can assist you in two main ways. First, they can help you determine who is liable in a truck accident and make sure that all the responsible parties are included in your claim. Second, they can help you navigate the complexities of your case, including any insurance claims you might have.
Finding a Good a Truck Accident Lawyer
When choosing a truck accident lawyer, it’s important to make sure you’re hiring someone with a good track record and a lot of experience in trucking accident cases. You can start by asking people you know — like family members or friends who have been in similar accidents — if they have any recommendations. You can also do some research online or in your local phone book. Make sure you look for attorneys who specialize in truck accidents — they’re likely to have more experience in these types of cases and may be able to help you get a larger settlement.
In Conclusion
Truck accidents are very common in America and can lead to serious injuries. When these accidents occur, there are often multiple parties that could be held liable for the damage done, including the truck driver and the owner of the truck.
However, truck accidents can be extremely complicated, especially if there are multiple parties involved. The good news is a truck accident lawyer can help you navigate the complexities of your claim and make sure that you’re fully compensated for the damage done to you and your vehicle.