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If I am the victim of a trucking accident, who can I sue?

The damages and injuries resulting from a truck or trailer accident can quickly cascade within a few seconds. Often, there are several injury claims and victims involved in trucking accidents because several vehicles can get affected. There isn’t much space on the highway for a big-rig, and thus when a big commercial vehicle loses control it can put several people and vehicles in its proximity at risk.

Most of these accidents occur because the commercial vehicles over speed and cannot be controlled with ease in case of road hazards or when another vehicle is slamming its brakes. It’s important for claimants to understand how these trucking accident cases work so as to know who to sue whenever they get involved in such accidents.

Comparative negligence

An experienced personal injury attorney can come in handy in helping you negotiate the tricky issue of comparative negligence doctrine. The doctrine is used to determine the degree at which all actors in the trucking accident were at fault at the time of the accident. Your trucking accident claim can be limited or declined if the insurance company lawyers prove that you were at fault.

In truck wreck accidents, the multiple claimants will end up collecting compensation based on their percentage of fault. A trucking company can easily be found liable if your personal injury lawyer handling your trucking accident claim proves that the driver of the truck failed to comply with certain standards or regulations, or failed to meet certain maintenance schedules and inspections of trucks.

There can be a product liability if your lawyer proves that a malfunction on some parts of the involved vehicles caused the trucking accident. An experienced personal injury attorney will help you in understanding the intricacies surrounding the pure contributory negligence aspects of the case so as to increase your chances of getting a favorable settlement.

Standard Accidents

Standard accidents occur when a truck is involved in an accident with other smaller vehicles. Even though the height of contacts points among the involved vehicles may be huge, such accidents can bear serious ramifications. If such a case goes to trial, punitive damage awards may result due to wrongful death claims. Therefore, a single trucking accident can attract just more than personal injury claims if pursued properly by an established attorney. Due to the high number of negligent parties in trucking cases, the worth of a claim is potentially high.

Multiple Negligent Parties

Trucking companies always ensure that their drivers have higher insurance policies than that of standard drivers due to the high risks involved. Trucking accident claim cases are very complicated because they can involve lawyers from various insurance companies, transportation companies, and other relevant parties. Every interested party will be struggling to reduce the comparative negligence rating during the negotiations and deliberations. In fact, several insurance companies have successfully argued against trucking accident cases resulting in a summary dismissal from the court based on technicalities. Your personal injury lawyer has the obligation of ensuring that your claim worth is not reduced or dismissed from court on technicalities. Trucking accidents claims are examined and assessed in court on a preponderance of the evidence in a totality of circumstances. That means even factors that seem so small can affect the value of the claim.

Who to sue in a truck wreck accident

The party or person who will be held responsible for the truck crash wholly depends on the circumstances surrounding the trucking accident. Some of the people or parties you can hold responsible for the trucking accident include:

  • The employer of the truck driver
  • The truck owner
  • The freight loader
  • The truck’s manufacturer in case product liability
  • The truck driver

With the help of a personal injury lawyer with experience in handling truck-related accidents, you can easily determine the individual or party to hold accountable for the trucking accident.

Since insurance companies have trained negotiators who are obligated to fight and win against trucking accident claims on a daily basis, you shouldn’t try to pursue such a claim personally. These negotiators are only obligated to the insurance company and their client beyond policy limitations. You should also enforce your attorney recovery right by hiring a personal injury lawyer.

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