Being involved in a truck accident can be highly traumatizing for victims due to the often catastrophic nature of these crashes. Truck drivers are required to have a commercial driver’s license and adhere to specific regulations. Because of the sheer size and mass of trucks, many people are quick to place the blame upon the truck driver when an accident occurs. However, the truck driver is not always liable. That is why it is important to retain the legal help of a trusted personal injury lawyer who can launch a full investigation into your case and identify the liable party who needs to be held responsible for the negligence that led to your losses.
At Hollis Law Firm, we can help you build a strong truck accident injury claim as you pursue justice for your injuries and losses. We are committed to helping our clients by guiding them through each step of the claims process as they determine who should be held responsible for their truck accident case.
Determining Liability in Truck Accidents
Determining liability in truck accidents can be a complex process, as multiple parties may be involved. To establish liability, it’s essential to consider various factors, including the actions of the truck driver, the policies and practices of the trucking company, and the condition of the vehicle. Each of these elements can play a significant role in causing an accident, and understanding them is crucial for building a strong case.
Factors That Affect Liability
Several factors can affect liability in truck accidents, including:
- The actions of the truck driver: Speeding, reckless driving, or distracted driving can all contribute to accidents. If a truck driver is found to be engaging in such behaviors, they may be held liable.
- The policies and practices of the trucking company: Inadequate training or supervision of drivers, as well as unrealistic delivery schedules, can lead to accidents. Trucking companies that fail to implement proper safety measures may be held responsible.
- The condition of the vehicle: Maintenance and repair records are critical. If a truck is not properly maintained, mechanical failures can occur, leading to accidents.
- The actions of other drivers or parties involved in the accident: Sometimes, other drivers or even pedestrians can contribute to the cause of a truck accident.
- The presence of any safety violations or regulatory non-compliance: Violations of safety regulations can be a significant factor in determining liability. Non-compliance with industry standards can point to negligence on the part of the trucking company or driver.
Who Can Be Liable for a Truck Accident?
Truck accidents can be highly damaging to all parties involved due to the sheer size and mass of these commercial vehicles. However, despite trucks often being the bigger vehicles in a crash, truck drivers are not always the party at fault for causing an accident. In fact, various parties may be liable in your truck accident case, including the following:
Commercial truck accidents are complex and often involve multiple parties.
- The truck driver
- A negligent truck driver can be a significant factor in causing accidents.
- Another driver involved in the crash
- The trucking company
- The truck company plays a crucial role in maintaining safety standards, and their failure to do so has serious legal implications.
- The manufacturer or the truck
Regardless of who is liable for your truck accident case, your lawyer will help you identify the at-fault party by fully investigating your case. Once the liable party has been identified, truck accident attorneys can help navigate the complexities of truck accident claims. The next step is to prove their liability. To prove liability in a truck accident case, when a truck accident occurs, it is crucial to investigate all potentially responsible parties. Your lawyer will need to provide evidence of the four elements of negligence. These elements are as follows:
- The at-fault party owed you a duty of care
- The duty of care was breached
- The breach of duty caused the truck accident and your injuries
- You suffered losses as a result
Truck accident claims can be complex due to state and federal regulations. Once liability has been determined in your truck accident case, truck accident attorneys can help identify all liable parties based on evidence. The misconception that drivers are always at fault can complicate the legal process. Timely action is crucial when dealing with truck crashes to ensure proper legal proceedings. Your lawyer can help you pursue the fair compensation you are owed.
Truck Drivers
Truck drivers may be held liable for accidents if they engage in negligent or reckless behavior, such as:
- Speeding or aggressive driving: Exceeding speed limits or driving aggressively can significantly increase the risk of accidents.
- Distracted driving: Using a cell phone, texting, or any other form of distraction while driving can lead to severe accidents.
- Fatigue or failure to take required breaks: Truck drivers are required to take breaks to prevent fatigue. Ignoring these regulations can result in dangerous driving conditions.
- Failure to follow traffic laws or regulations: Not adhering to traffic signals, signs, and other road rules can cause accidents.
- Improper loading or securing of cargo: If cargo is not properly loaded or secured, it can shift during transit, leading to loss of control and accidents.
Trucking Companies and Other Entities
Trucking companies and other entities may also be held liable for accidents if they:
- Fail to properly train or supervise drivers: Inadequate training can leave drivers unprepared for the challenges of the road.
- Encourage or allow drivers to engage in reckless or negligent behavior: Pressuring drivers to meet unrealistic deadlines can lead to dangerous driving practices.
- Fail to maintain vehicles or equipment: Regular maintenance is crucial for safety. Neglecting this can result in mechanical failures.
- Violate safety regulations or laws: Non-compliance with safety standards can be a clear indicator of negligence.
- Hire drivers with poor driving records or inadequate qualifications: Employing unqualified or poorly vetted drivers can increase the risk of accidents.
Proving Negligence in Truck Accident Cases
To prove negligence in truck accident cases, it’s essential to establish fault and demonstrate that the defendant’s actions or inactions caused the accident. This process involves gathering and presenting evidence that clearly shows how the negligent behavior led to the crash and the resulting injuries or damages.
Establishing Fault
To establish fault, the plaintiff must show that the defendant:
- Had a duty to act with reasonable care: This means the defendant was expected to behave in a way that would prevent harm to others.
- Breached that duty: The defendant failed to meet this standard of care through their actions or inactions.
- Caused the accident and resulting injuries or damages: There must be a direct link between the breach of duty and the accident.
- Failed to take reasonable steps to prevent the accident: The defendant did not take necessary precautions to avoid the accident.
In truck accident cases, establishing fault may involve:
- Reviewing driver logs and maintenance records: These documents can provide evidence of negligence, such as violations of hours-of-service regulations or lack of vehicle maintenance.
- Analyzing data from the truck’s black box or other onboard systems: This data can reveal critical information about the truck’s speed, braking, and other factors at the time of the accident.
- Interviewing witnesses and gathering statements: Eyewitness accounts can provide valuable insights into how the accident occurred.
- Examining the accident scene and vehicle damage: A thorough investigation of the scene can uncover important details that support the claim.
- Consulting with experts, such as accident reconstruction specialists or safety experts: These professionals can provide expert opinions and analyses that help establish fault.
By carefully examining the facts and circumstances of the accident, an experienced truck accident lawyer can help establish fault and prove negligence, ensuring that truck accident victims receive the compensation they deserve.
Damages You Can Recover After a Truck Accident
After being injured in a truck accident, you may be eligible to collect compensation for your injuries and losses. The damages you may be eligible to recover include the following:
- Property damage
- Medical expenses
- Lost wages
- Lost earning potential
- Pain and suffering
- Wrongful death
When you file your personal injury claim after a truck accident, the insurance company will likely try to offer you the lowest possible amount in compensation. That is why it is crucial that you retain the help of a trusted truck accident lawyer. When you work with an experienced lawyer, they will help you calculate how much you may be able to collect in damages by investigating the unique details of your specific case. Your lawyer will also help you negotiate the best possible settlement for your truck accident case.
Contact a Trusted Truck Accident Lawyer Today
At Hollis Law Firm, our trusted legal team believes in holding negligent parties responsible for their actions and helping our clients pursue fair compensation. We can help you gather the evidence necessary to identify the party liable for your truck accident.Â
At Hollis Law Firm, we guide our clients through the personal injury process so they feel confident in their legal representation as they pursue the damages they are owed after suffering injuries due to a truck accident. Contact our personal injury law firm today at (800) 701-3672 or complete our contact form.