Carefully consider who is liable in a truck accident
March 30, 2018
Experiencing a car accident involving a commercial truck can be an overwhelming experience, even when you are fortunate enough to survive without permanent or fatal injuries. While all car accidents present some potential complications to resolving an injury claim, truck accidents can prove more complicated than most.
In many cases, it is wise to begin building your claim at the scene of the accident itself, especially considering that much of the most valuable evidence you might use in your claim may soon get cleared away by the clean-up crew who comes to deal with the aftermath.
While it is good that the accident receives swift attention from whoever is responsible to clear the roads, the faster that the road clears, the faster that important evidence may disappear, making it much more difficult to assign proper liability and build a strong claim for a victim.
An experienced personal injury attorney understands the complexities of truck accidents can offer crucial guidance at the site of a truck accident, allowing a victim to focus on his or her immediate needs and regain personal composure, which may take a significant amount of time itself. Too often, failing to fully investigate the scene of truck accident may lead to missed evidence and missed opportunities to build a strong, effective claim.
Many parties may bear responsibility
The actions or negligence of either driver or even external factors may ultimately cause the accident, just like a collision between two or more consumer vehicles. Just because you experienced an accident involving a commercial truck does not mean that the commercial driver or some party associated with the driver is responsible.
If, for instance, a truck driver acts to avoid a driving error of another vehicle on the road and loses control of the cab or the trailer, then the accident and the considerable damage it causes may be the liability of the driver whose error caused the accident, even though the commercial vehicle likely caused much more damage than the consumer vehicle.
However, if the commercial vehicle or some party associated with it is responsible, you may still face some significant challenges building your claim. For instance, not all truck drivers maintain the same relationships with their superiors. Some drivers own and operate their own vehicles independently, and subcontract to larger companies. If the driver is a subcontractor, then his or her own insurance coverage may bear the weight of your claim; however, if the driver is an employee of a larger company, then the company itself may bear the liability.
Other parties are also potentially liable. If, for instance, a third party loads a trailer in such a way that the contents shift in transit, leading to the accident, the company responsible for the loading of the trailer may also hold some liability for the accident. Similarly, if some company performs maintenance on the vehicle, and some failed aspect of the maintenance cases the accident, such as a bad brake repair, then the repair company may bear the liability.
Build your claim effectively with care and attention to details
As you build your injury claim, be mindful to explore all the potential liable parties and construct your claim with as much detailed evidence as you can, both of the accident itself and the resulting injuries and treatments you require.
A well-constructed claim takes time and effort that may prove difficult to give after an accident, so be sure to use all the resources you have available to protect your interests and long-term recovery.