Being in a truck accident can be a traumatic experience, and the aftermath is overwhelming. If you or a loved one has suffered an injury in a truck accident, you must know who to sue for your injuries and take vigorous legal action against them. You have suffered losses that you must recover in a lawsuit, and usually, the main party of interest in a commercial vehicle accident lawsuit is the trucking company. It is responsible for the negligent acts of its drivers, so long as they occur on the job.
A truck accident attorney can represent you throughout the legal process, fighting for you to get the maximum possible compensation based on your injuries. Along the way, you can expect a tough legal battle because the insurance company will not easily give in to you. A truck accident attorney can lead this fight to get you paid in a settlement agreement. They can make a world of difference in ensuring a fair resolution and obtaining the compensation you deserve. If you still need to hire a truck accident lawyer, now is the time to call one to schedule a free initial consultation.
The Negligent Party Is the One Who Must Pay
In any truck accident case, the legal standard that you must meet to win is proving that the truck driver was negligent. Any motorist on the road owes a duty of care to everyone else around them, and it does not matter that the truck driver may never meet you in their life. They should always exercise reasonable care under the circumstances. If you prove that the truck driver failed to uphold this standard, they are liable to pay for your damages.
How Truck Drivers and Trucking Companies Are Negligent
Some examples of truck driver negligence can include:
- Failure to check blind spots before making a lane change or turn
- Losing control of the truck in a rollover accident because the truck driver was speeding or failed to slow down for a turn
- Rear-ending a car because the truck driver was driving while distracted
- Causing an accident because the truck driver was driving while fatigued
Trucking companies can also be negligent in several ways, including:
- Failing to properly screen drivers before hiring them or firing them when they prove to be a safety risk
- Putting trucks on the road that are not in proper working condition
- Failing to secure cargo onto the truck before it is properly loaded
- Pressuring their truck drivers to break rules in the name of timely deliveries
Trucking Companies Pay for the Negligent Actions of Drivers
Although the truck driver caused the accident, the real party you want to sue is the trucking company. In any personal injury case, your truck accident lawyer is looking for a deeper pocket with more insurance coverage and assets than the average person. Here, it is the trucking company. It will carry a commercial insurance policy that is at least $750,000 (usually, it is far more than that), and it also has assets you can go after if it does not have enough coverage.
Trucking companies become liable for the accident by being the truck driver’s employer. When they put a driver behind the wheel, they do far more than employ a driver; they enlist an agent who always represents them. If the truck driver is negligent when operating the tractor-trailer, their negligence is the trucking company’s responsibility. While you may not know how much your case is worth in advance, there is more coverage to pay for your injuries, and you may receive more compensation.
Other Parties to Sue in a Trucking Accident
There may be other potentially responsible parties who you can take legal action against after a truck accident, including:
- The manufacturer of the truck or a defective truck part in a product liability lawsuit
- A hired third party who loaded cargo onto the truck or performed maintenance
- The government, if it failed to maintain the roadways in reasonable condition
- A freight broker who matched the shipper with the trucking company
- The shipper, if they exercised any degree of control over the truck driver
- If the truck driver was an independent contractor, you can file a lawsuit against them directly
An attorney will thoroughly investigate the accident and gather evidence to build a strong case on your behalf. They will analyze the accident report, interview witnesses, examine the accident scene, and consult with experts if necessary. This comprehensive approach is essential in ensuring that all responsible parties are held accountable for their actions.
How a Truck Accident Lawyer Helps Your Case
One of the main reasons you need a truck accident lawyer is that they can conduct a full investigation and establish who was to blame for the injury. If more than one party is responsible, you will name all of them in your lawsuit. Defendants can be jointly and severally liable, and each may have to pay you up to the total amount of your damages. It is up to a court to apportion liability for your injuries. Then, your truck accident attorney will gather evidence to prove fault and include it as part of your claim or lawsuit.
Once your truck accident attorney knows who was to blame for the accident, they will work to prepare your claim or lawsuit to file on your behalf. Since a large amount of potential damages are at stake, your claim will receive considerable scrutiny from insurance companies. Knowing they owe you a fair amount, they may go into overdrive to limit their liability. If you do not have a truck accident lawyer representing you right after the crash, you are vulnerable to questionable tactics that insurance companies may use. Having an attorney who knows how to negotiate with them can significantly increase your chances of obtaining a fair settlement.
Contact A Truck Accident Attorney Today
After a truck accident, you need a lawyer who can provide you with legal guidance and representation. They will navigate the complexities of the legal system, protect your rights, and fight for the compensation you deserve. Do not face the aftermath of a truck accident alone – reach out to an experienced personal injury attorney who can be your advocate during this difficult time.