Who is Liable in a Truck Accident?
By Chris Dixon
Liability is one of the most challenging things to prove in an accident. Depending on the circumstances of the crash, there could be more than one liable party in the accident or more than one type of negligence present. When this happens, it’s essential to gather substantial evidence and consult a Truck Accident Lawyer as soon as possible about the accident.
How is Liability Determined in a Truck Accident?
Truck accidents are typically severe, and depending on the circumstances of the accident, there can be more than one act of negligence present. If this happens, liability can be determined by providing the following types of evidence:
- Proof that the driver caused the accident (copy of police report, witness accounts)
- Evidence of your injuries from the accident (medical report)
- Proof of the driver’s negligence (speeding, driving under the influence, etc.)
- Evidence that the truck owner or truck company acted negligently (didn’t inspect or maintain the vehicle, forced truck driver to speed)
CDL drivers are required to follow Federal Truck Regulations, which includes requirements such as not working more than 11 hours without resting, regularly maintaining your vehicle, and stopping at weight stations periodically. If a truck driver violates any of these regulations and causes an accident, they risk losing their license, job, could face jail time, and are responsible for compensating any victims involved for their harms and losses.
When is a Truck Driver Liable?
Liability is defined as, “Thus, a person or entity may be liable for damages due to negligence, liable to pay a debt, liable to perform an act for which he/she/it contracted to do, or liable to punishment for commission of a crime.” If a truck driver is negligent and it causes an accident, they could be liable to compensate you for your harm and losses from the accident. To prove that a truck driver is liable, it’s essential to collect evidence, consult a Truck Accident Lawyer, and file a compelling claim. In some cases, more than one person can be liable for the truck driver’s negligence, including their employer, the manufacturer of the goods being hauled, and if the truck is a rental – the rental company.
What Damages Can I Recover from a Liable Truck Driver?
According to the Federal Motor Carrier Safety Administration, in 2016, 4,564 people were killed in truck accidents. The most common causes of truck accidents are speeding, driving under the influence, and driver fatigue, all of which can result in severe injuries and financial damages if an accident occurs. If you have a valid claim against a negligent truck driver, you could be eligible to recover the following damages:
- Medical Expenses – medical bills, medication, medical accessories
- Pain and Suffering – emotional, mental, or physical distress that accompanies physical injuries from the accident
- Lost Wages – if you had to miss work because of the accident, you could recover reimbursement for lost work hours
- Property Damage – if your vehicle or personal property in the vehicle was injured in the accident, you could be eligible to recover compensation for this loss
If you or someone you love has been injured in a truck accident, it’s essential to hire an experienced lawyer to represent your case. Without a lawyer on your side protecting you from the truck driver’s insurance company, you risk liability for the accident being pinned on you, recovering fewer damages, or even not recovering damages at all.
How Can a Truck Accident Lawyer Help with my Case?
If you are injured in a truck accident that someone else is responsible for, it’s crucial to hire an experienced lawyer to represent your case. A lawyer has your case’s best interests at heart, can ensure that your case has substantial evidence, and will do everything in their power to fight for the most compensation for your harm and losses. Christopher Dixon and the Truck Accident Lawyers at the Dixon Injury Firm understand what it takes to produce the best results for your case, and won’t give up until you are satisfied with the results.
If you are ready to speak with a Truck Accident Lawyer about your case, call (314) 409-7060, 855-40-CRASH, or contact the Dixon Injury Firm to schedule a free consultation.
How Much Does It Cost to Sue a Trucking Company After an Accident?
Do I Have a Truck Accident Claim?