Last Updated: August 10th, 2020 at 10:22 pm
Read Time: 6 Minutes
If you sustain an injury in a commercial truck accident, you are likely wondering who is liable in a truck accident. Is it the company that owns the truck or the individual driver? At Weinstein Legal, we hear this question quite frequently from our clients when they are looking to file personal injury claims. Knowing the law surrounding truck accident liability is important when filing a claim or a lawsuit. In order to receive compensation you must be sure you are filing against the proper party.
For this reason, you need the best personal injury attorney for truck accidents. You need a lawyer who will fight tirelessly to determine who is at fault, who will stand up to insurance companies, and get the compensation you deserve. Justin Weinstein at Weinstein Legal is that attorney. With years of experience, Mr. Weinstein has fought countless personal injury cases, receiving settlements for his clients. If you are injured don't wait. Contact Weinstein Legal today for a free case evaluation.
Liable Parties after a Truck Accident
If you're in a motor vehicle collision with a truck, your head is likely spinning. There are a lot of questions. First, you need to ensure you are not badly injured. Seeking medical care is the most important thing. However, with medical care comes medical bills, and if another party is liable for the crash you should not be stuck paying what can amount to tens of thousands of dollars.
In regard to truck accident liability, there are several scenarios that may apply. The question of who is liable is not always cut and dry. For this reason, you need an experienced attorney to help determine the most appropriate course of legal action.
It is likely that during the crash investigation you will need a court order that requires the company that owns the truck to release certain records. These records may relate to maintenance, driver activity including time on the road and time resting, and more. By law, companies must keep these records.
If a company fails to properly maintain their trucks and it causes a malfunction leading to your accident, the company may be liable. Additionally, companies must have their trucks inspected on a regular basis to ensure they meet safety standards. If this is the case your lawyer may advise that you file a claim against the company.
It is also possible that the truck driver's reckless or careless driving was the cause of your accident. Did the truck turn without signaling or blow a stop sign? Were they speeding or weaving in and out of lanes? These are things you must consider when asking who is liable in a truck accident.
Another important point is that most drivers are responsible for ensuring the safety of their truck and cargo before hitting the road. What this means is that if they are carrying any materials, such as large PVC pipes, for example, the driver must make sure they are properly attached and do not pose a danger when driving. If cargo falling off a truck is the cause of your accident, lawyers and insurance companies will take this into account.
Still, there are more parties that can possibly contribute to truck accident liability. These include the truck manufacturer–did a defect on the vehicle cause your accident? Additionally, service stations that provide preventative maintenance for the truck companies may be looked at. Did they perform service incorrectly that caused your accident?
Still, some trucking companies use third parties and contractors for loading purposes. If a person at this company did not do their part to ensure the safety of the truck in question, they may be liable as well.
One final party to consider is the state or city in which the accident takes place. Governments and the department of transportation have the responsibility to ensure that the roads are safe for driving. Was there broken pavement or another road condition that caused the truck to crash?
You need an experienced lawyer who will help investigate each of these many factors. It is important to recognize that since there are many different parties that may be liable, you may be able to receive a larger settlement. It is possible to file separate claims against multiple parties. Your attorney will advise you on the best route to take.
How to Determine Truck Accident Liability
As there are so many possible parties that may be liable in a trucking accident, you will need a thorough legal investigation into the cause. Your lawyer will help gather as much evidence as possible and ensure that any necessary court orders for information are filed.
There will likely be an independent investigation of the accident, and you will need police reports from the scene. Eye witness testimony is also important. An insurance company may offer you a settlement before the entire investigation is complete. Do not accept the settlement. Insurance companies often seek to pay out as little as possible, and once a settlement is paid you cannot re-open a claim, even if the investigation shows you may be entitled to more than you accepted.
The Difference between Truck and Car Accidents
Accidents with a truck are much more complicated than accidents with another person's vehicle. When you are in a motor vehicle accident with another driver on the road, in their own car, it is usually much easier to prove liability. You will likely only have to deal with that person's insurance company and/or lawyer.
Because trucking accidents have many different parties involved, the investigation process can take much longer. There are many more factors to look at and since there may be significant amounts of paperwork and reporting involved you can expect a more lengthy settlement process.
However, remember that while the wait time may be longer to receive compensation, you may also be able to win a larger amount of money in the end.
It is also likely that if you are filing a claim against a trucking company, or several corporations, that they will have aggressive legal representation. Many companies work with lawyers on an on-going basis for situations just like these. Understand that if you are suing a truck company you will most certainly be going up against a tough defense.
You deserve the have the same aggressive legal team on your side, fighting for your rights and the settlement you deserve.
Hiring an Attorney
Due to the many nuances, factors, and parties involved, the question of who is liable in a truck accident can be hard to answer. However, if you sustain an injury you need an aggressive team of lawyers who can fight to prove the proper truck accident liability. Do not be left with hefty medical bills, property damage, or permanent injuries without filing a claim against those responsible.
Here at Weinstein Legal, a team of experienced attorneys in South Florida are ready to handle your case. They will stop at nothing to prove liability and to help you get the money you deserve. Weinstein Legal's phones are open 24-hours a day, 365-days a year. If you are injured, do not wait to call an attorney. Mr. Weinstein and his team will get working on your case immediately.
Call 954-845-0505 for a free case evaluation today.