Who is liable for a truck accident?

Trucks are more likely to be involved in severe multi-car crashes than other passenger vehicles and are known to shatter many lives due to the acute damage they can inflict on the victims.

If you were the victim of a truck accident, you could receive economic damages based on the severity of the injuries suffered, in the form of:

• Medical expenses and hospital bills
• Income lost due to missed work and future earning potential
• Emotional trauma
• Suffering and pain or loss of enjoyment of life

To make it easier for the attorney to win the case and, therefore, more money as compensation, the accident victim should immediately ask for a medical examination. This way, there will be proof that the crash caused the injuries suffered.

Determining liability in truck accident cases

A proper and thorough investigation can establish who was responsible for causing the truck accident, which depending on the circumstances, can be any of the following:

• Truck driver – through negligent conduct like speeding, distracted or fatigued driving, failure to comply with traffic regulations, operating the vehicle under the influence of drugs or alcohol.
• Trucking company – when the driver was required to drive for an extended period, beyond the legal limit, or violated any regulations.
• Cargo loaders and shippers - if the accident happened because of hazardous materials transported in the truck, improper cargo inspections, or negligence in following safety regulations.
• Truck manufacturers, sellers, or parts providers – if any faulty truck components caused the accident (defective brakes, steering, or tires).
• Maintenance shops – when the vehicle was improperly repaired, failing to meet adequate standards.
• Government agencies - in case perilous road circumstances caused the accident (defective pavement or other hazards, faulty signals, etc.).

If you were the victim of a commercial truck accident and the driver was hired by a trucking company, your attorney might decide to bring legal charges only against the trucking company. But remember, this is possible only if an employment relationship can be established between the trucking company and the truck driver.

The company can be directly held responsible for the driver's negligence; nevertheless, there are cases when its legal team and insurers try to find alternatives by offering seemingly generous settlements to conclude a claim rapidly. It is essential to be aware that accepting compensation before the investigation has been finalized is often at the victim's disadvantage, significantly reducing their chances of receiving a fair amount. A thorough examination of the collision may disclose more parties liable for the truck accident and therefore allow for multiplying the claims and maximizing the victim's compensation.

Steps in investigating truck accident cases

Investigating truck accidents requires having specialized knowledge and working closely with experts to guarantee that all the particulars are discovered and adequately analyzed. Holding the appropriate party responsible for the damage is of paramount importance.

The first thing to do is hire an experienced lawyer who can help you get compensation for your injuries and financial damages. An accomplished truck accident attorney will:

• Investigate – consulting with other experts, analyzing reports, assessing safety records, activity logs, and driver accident history.
• Gather and present relevant evidence – obtaining essential documents and information from the police at the crash scene, determining breaches in regulations, introducing records and testimonies to the jury.
• Evaluate the damages – your lawyer will strive to obtain the maximum compensation you deserve, depending on the severity of your injuries.

The Law Offices of Sean M. Cleary can first attempt to settle with the insurance company and the truck company or the truck driver. If an agreement cannot be reached, the case will be taken to court. In each of the two situations, Mr. Sean M. Cleary will ensure the best possible outcome for your legal issue. As a personal injury attorney with experience litigating car accidents where trucks are involved, his goal is to uncover any potential trucking safety violation behind the crash and hold the responsible party accountable for every wrong choice.