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When it comes to holding someone responsible for a semi-truck accident, having a semi accident attorney on your side is crucial. Often, there can be half a dozen or more potentially liable parties, and failing to name a key party can leave you unable to recover financial damages. So who is liable in a semi-truck accident, and how can you prove liability to recover the maximum compensation available?
Who May Be Liable in a Semi Accident?
There are several potentially responsible parties in a truck accident; the circumstances of each accident can dictate who should be named in a lawsuit.
The semi-truck driver
Whether the truck driver was just inattentive or endangered others while driving under the influence of drugs or alcohol, they may be responsible for any damages, including injuries. Truck drivers can also be responsible for an accident if they violate federal motor carrier safety regulations, like hours-of-service regulations limiting time spent behind the wheel.
The trucking company
In some cases, both the semi-truck driver and the trucking company may share the responsibility for a semi-truck accident. Trucking companies are responsible for their employees’ actions as long as these actions occurred within the scope of the worker’s employment; so, if the trucking company can be shown to have encouraged its workers to skirt the rules or even just looked the other way occasionally, this company may be held liable.
The truck owner
Not all truck drivers own the trucks they drive—and in some cases, the truck owner may be liable for damages the truck causes. The semi-truck owner may be responsible for inspecting it, keeping everything running in good condition, and adhering to all federal regulations—having working lights, brakes, and other vital components.
The cargo loaders
In some cases, an accident may occur when the cargo on the truck becomes loose or untethered and falls onto the roadway. In these situations, the accident may be the loader’s fault for not thoroughly inspecting the cargo and properly securing it.
State or local government
Some truck accidents are unavoidable due to the condition of the road—for example, when a large pothole sends a semi-truck careening into another vehicle. In these situations, an injured motorist may be able to name the state or local government in any lawsuit, arguing that these entities are responsible for the poor road conditions that contributed to the accident.
The truck manufacturer
Finally, the truck manufacturer itself may be liable if a defect in the truck causes an accident. From mechanical failure to faulty brakes to a blown-out tire, manufacturing issues can lead to serious truck accidents. And if a truck has been repaired shortly before the accident occurs, it’s possible for the accident to be traced back to a mistake during the repair process.
Determining Who is Liable in a Truck Accident
Assessing liability can be one of the most challenging parts of pursuing a personal injury claim. Name the wrong parties as defendants, and your claim may ultimately be dismissed—and if the statute of limitations has passed by that point, you may be without any recourse for your injuries, even if you name the proper parties in your complaint the second time around.
A semi accident attorney can investigate a truck accident, gather evidence, and work to build the strongest possible case on behalf of the injured person. Whether a truck accident claim settles before a complaint has even been filed or goes to a jury trial, your injury attorney can fight for your rights throughout the process and ensure that you receive the maximum available damages for your injuries.
Economic Damages in a Truck Accident
Economic damages are the monetary losses you incur as a result of the truck crash. Both current and future economic damages are compensable in a truck accident claim.
Our truck accident attorneys will account for all of your losses and pursue fair compensation for the following:
Trucking companies and their insurers are well-prepared when accidents occur. Insurance carriers have teams of lawyers and claims adjusters who are highly skilled at paying out as little as possible. Likewise, larger trucking companies have lawyers and investigators across the country who are designated “24-Hour Response Teams.” Their job is to report to the scene of the accident at once, collect and take possession of any evidence, and begin building a defense for their employer – even if the truck crash happens in the middle of the night. You need a truck accident lawyer who is fully prepared to take on these challenges and represent you effectively. Some of the most important things to look for when choosing an attorney for your trucking accident claim include:
Hiring an experienced truck accident attorney cannot be overstated as a vital part of choosing your attorney. Commercial truck accident cases are often complex compared to other types of accident claims because they require a great deal of detailed work to ensure the liable party is held responsible. Hiring a lawyer with a clear understanding of the Federal Motor Carrier Safety Administration regulations and a strong record of financial recovery against insurance claims is critical.
Litigation experience is imperative. You need to hire an attorney willing to go to court if the insurance company is unwilling to compensate you sufficiently.
While finding an attorney with the proper credentials and approach is necessary, it’s important that you get along well with your legal team. There needs to be trust and understanding between you and your attorney, so make sure you meet with the attorneys and staff and feel comfortable before working with them.
You need a truck accident lawyer who is fully prepared to take on these challenges and represent you effectively. Some of the most important things to look for when choosing an attorney for your trucking accident claim include:
If you or a loved one has been injured in a semi-truck accident, you may be entitled to compensation. At The Ferraro Law Firm, we’re focused on each client’s case and will use all our resources to ensure you have the most robust representation possible. To schedule your free consultation, call 888-554-2030 or just fill out our free case consultation form, and a member of our team will soon be in touch.
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