When you're involved in a truck accident, who is liable? The truck driver? The trucking company? The shipper of the load? Truck accident liability depends on the circumstances. Here's what you need to know about truck accident liability.
Who Are the Potentially Liable Parties In a Truck Accident?
In the case of a truck accident, the involved parties can be numerous. It is possible that individuals, organizations, and government entities could hold varying levels of liability.
A few examples of potentially liable parties in a truck accident include:
- The driver's employer (if applicable),
- The manufacturer of any auto parts on the vehicle,
- Authorities who maintain roads and highways,
- City planners and other engineers responsible for road design and construction,
- The owner or renter of an improperly loaded and/or overloaded cargo,
- Third-party maintenance providers who have serviced the vehicle, or
- Any other individuals or entities who contributed to the circumstances which caused the truck accident.
So, what happens when a truck driver has an accident? Ultimately, meticulous investigations must be conducted in order to determine who holds what degree of liability from such an incident.
How to Prove Liability In a Truck Accident Case
A truck accident case requires evidence to prove liability. Depending on the circumstances of an accident, one or more parties may be liable for damages.
When proving liability in a truck accident case, attorneys typically rely on evidence that includes:
- Police reports
- Medical records
- Expert testimony
- Photographs and videos from the scene
- Witness statements
They must then demonstrate that the party being held liable did not meet their legal obligation to another party. In many cases, this means showing that a reasonable person would have acted differently under the same set of circumstances.
Because liability can be difficult to prove without such evidence and information, consulting with an experienced attorney from Womac Law Firm is key when dealing with any motor vehicle accident involving a truck.
What Kind of Damages Can Be Recovered In a Truck Accident Lawsuit?
Truck accidents cause traumatic injuries, property damage, and emotional distress. Depending on the severity of the accident, plaintiffs may be eligible to recover damages in a lawsuit. These damages can include:
- Costs for medical bills
- Income lost from an inability to work
- Vehicle repair or replacement expenses
- Repayment for property loss or destruction
- Pain and suffering
When filing a claim for a truck accident lawsuit it's important to keep all documents related to the accident so that any evidence supporting the case against the defendant(s) can be used in court. Understanding how much compensation can be collected through a truck accident lawsuit is essential when dealing with these difficult accidents.
Tips For Avoiding Accidents With Trucks
Trucks can be dangerous on the roads, not just for other motorists but for their drivers as well. To ensure you stay safe when sharing the road with trucks, abide by some basic safety advice.
Be mindful of larger blind spots on trucks than on regular vehicles. Make sure you’re visible to them and take extra care in merging or overtaking when they are near. Keep your distance and give yourself plenty of space.
Likewise, don’t speed up if a truck is passing you or make any sudden maneuvers; sudden braking or acceleration can startle drivers and cause an accident.
Knowing local traffic rules and regulations, such as a truck’s right of way in certain areas like highways, also goes a long way to avoiding accidents with them. Keeping these simple tips in mind will help keep you and everyone else on the roads safe whenever you encounter trucks!
Our Team Can Help
Call our firm today at (504) 470-3935 or fill out the online contact form to discuss the details of your case and learn how we can help.