Unlike in car accident cases, it can be more challenging to determine the liable parties involved in truck accidents. That is because trucks are usually owned by large corporations that have multiple employees.
Additionally, truck accidents often involve complicated injuries that can have long-term effects on victims’ lives. Proving liability can require expert witnesses and a thorough investigation.
Establishing Liability
Truck accidents cause extensive property damage, devastating injuries, and lifelong or even permanent complications for victims. They also often involve multiple liable parties, including the truck driver, the trucking company, cargo loaders, or manufacturers of the vehicle or its parts.
Determining which party is liable for your damages requires evidence of several elements, including duty, breach, and causation. Your attorney can use the truck’s black box data to establish speed and braking patterns, hire experts to analyze other evidence, and interview witnesses. They can also request trucking company records, such as maintenance logs and driver qualifications. Additionally, they can pursue strict liability claims against product manufacturers in cases involving defective truck parts or products. It can result in more significant compensation for your injuries and losses. A skilled truck accident lawyer can identify all at-fault parties and explore every avenue of recovery. They can then bargain with insurance providers to obtain the just compensation for you.
Identifying At-Fault Parties
It is the responsibility of every driver to drive safely and prevent accidents. It holds for passenger cars and large trucks alike. In a crash, it’s essential to show that the other party breached this duty and how that breach caused your harm.
Your attorney may enlist the help of experts, including accident reconstruction professionals and trucking standard of care experts, to build your case. Often, these experts will examine parts of the truck or conduct tests to determine what occurred.
Furthermore, if trucking companies permit drivers to work longer than required, they could be held accountable. They could also be liable if they improperly load or secure cargo, leading to a wreck. Similarly, manufacturers may be held responsible under strict liability law if their product is defective and causes an accident. They might even be liable if they did not disclose known defects or hazards.
Dealing With Insurance Companies
Insurance companies can be negotiated with the assistance of a truck accident attorney. A skilled attorney can ensure all damages are considered in settlements, including lost earning potential and medical bills. An experienced lawyer can also ensure that emotional distress is accounted for.
A lawyer can investigate the accident and assemble evidence to prove that another party is liable for the cash. This process is more complicated than in a standard motor vehicle crash because trucking companies are incentivized to do whatever they can to avoid liability.
For instance, the trucking company may be held accountable if it can be demonstrated that the driver disregarded rest and hours of service regulations and that the violation was the reason behind the collision. It is particularly true if the trucking company pressured the driver to meet deadlines in unrealistic timeframes or cut corners on maintenance and safety. Similarly, if a truck or truck part manufacturer designed or manufactured a dangerous product with negligence, they could also be held accountable.
Gathering Evidence
While your attorney may not be able to change the outcome of your crash, they can help gather evidence that will support your case. Witness accounts, medical bills, repair estimates, and pictures or videos of the collision scene are included.
Truck accidents often involve extensive property damage and severe injuries. Evidence preservation and documentation are crucial, but they can be challenging while healing from injuries or, in certain situations, weren’t even there when the accident happened.
A copy of the police report, which includes information about how your crash happened, officer observations and conclusions, driver and witness statements, and information about any traffic citations issued, will be requested by your attorney. They will also obtain eyewitness contact information and follow up to get their statements if necessary. They will also review the truck driver’s employment and driving records to see if any previous incidents or safety violations might be relevant to your case.
