Truck crashes are common and expensive, but which are the potentially liable parties that a truck accident lawyer can sue?
Truck crashes are the cause of thousands of deaths and tens of thousands of injuries every year in the United States and according to National Safety Council reports they are on the increase in what Forbes described as a “frighteningly common” number.
In 2021 there were over 523,000 large truck accidents in the United States, although fortunately many did not involve serious injury.
In 2023, TruckInfo.Net reported that about 71 percent of injuries are from occupants in other vehicles, while 27 percent of fatalities are occupants of large trucks, while around 2 percent are other individuals like pedestrians and cyclists.
A total of 310,000 of the collisions in 2020 involved property damage alone.
Unfortunately, many of these accidents are preventable. But they also involve the need to carefully consider the legal obligations and liability situation of the parties involved, which is why an experienced truck accident lawyer will play a critical role when it comes to protecting your rights following an accident.
Help Investigate the Accident
One of the biggest benefits of having a skilled truck accident attorney by your side is that they will be able to ensure you have the strongest evidence to build your case with.
Your attorney will be able to investigate the accident and gather evidence from a variety of sources. They will use all of the evidence that is gathered in order to help build your case to demonstrate who is at fault for the resulting damages.
Help Identify the Liable Party
Unlike other types of motor vehicle accidents, there are several parties who can be liable for the damages that you have suffered as a result of a truck accident. Some common parties who contribute to accidents taking place include:
- Truck Drivers: When truck drivers engage in negligent actions while operating their vehicles, they can be held liable for any type of damages that you have suffered following your crash. Common ways that truck drivers contribute to accidents include speeding, switching lanes recklessly, tailgating, and operating their vehicles while impaired.
- Trucking Company: It is also possible to take legal action against the trucking company after being injured. Trucking companies may be held liable for accidents if they engaged in negligent hiring practices, forced drivers to work well beyond their shift, or engaged in other negligent actions while supervising or hiring workers.
- The Cargo Company: If the cargo company was negligent when loading the trailer of the truck, they may be held liable for any accidents that occur. This is particularly true in cases where the cargo shifts cause the trailer to spill out onto the roadway and cause serious accidents. In addition, cargo shifts in the trailer can also lead to jackknife accidents, which can also be devastating.
- The Truck Owner: If the owner of a truck allowed a person who was not qualified to operate their vehicle, they can be held liable for any of the damages and losses that resulted from any accidents caused by the drivers. In addition, if a truck owner failed to maintain their vehicle and a failure led to the accident taking place, they may also be held liable.
- The Maintenance Company: If the company in charge of maintaining the vehicle failed to do so, they may be held liable for any damages or resulting injuries that were caused by a crash. This is particularly true in cases where brakes fail, tires blow out, and other preventable accidents occur.
- Part Manufacturer: If a defective or faulty part leads to a truck accident taking place, the company that is in charge of making and manufacturing the parts can be held liable for any resulting accidents.
Once your personal injury lawyer is able to identify all of the parties who are liable for the crash, they will start building your personal injury lawsuit against them. When it comes to truck accident claims, you can file a legal action against one or more parties, who will all be held liable for any damages that you have as a result of your accident. This makes it important to have a skilled legal team that will help to investigate the accident, identify all of the actions that led to it taking place, and take action against all of those who are responsible.
Help Build Your Case
After identifying all of the parties that are liable for your accident and the damages that you have suffered, your attorney will begin building your personal injury lawsuit against them. A good truck accident attorney will use their experience and knowledge of personal injury laws to construct a case on your behalf. They will work hard to prove that the elements of negligence existed at the time of the crash in order to help you prevail. This includes proving:
- The defendant had a responsibility to provide you with the duty of care.
- They failed to meet this duty of care.
- This breach of the duty of care led to your crash.
- Consequently, you sustained injuries due to this accident.
Your attorney will use all of the evidence gathered to prove these elements of negligence existed while building your case. They will then use all of this information to demand compensation for you.
Help You Recover Financial Damages
After being injured in an accident, there is a significant chance that you will deal with overwhelming financial burdens. A truck accident lawyer will do everything they can to help you get the maximum compensation possible. Your attorney will build your case and prove all of the damages that you have suffered. In some cases, they will even work with experts who are able to present evidence on your behalf that indicates the total amount of expenses and losses that you have endured. Some of the damages that you can request compensation for include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
Your legal team will make sure that you have all of the evidence possible to prove that you suffered these damages and demand compensation from the responsible party for them.
Help You Get Justice
Not only will your legal team go above and beyond to ensure you are able to recover financial compensation for your damages, but they will also do everything in their power to ensure your best interests are protected throughout the entire legal process. It is critical that you are able to reach your goals in recovery, and a skilled legal team will help you do so. In addition, an attorney will be able to help you hold the negligent party accountable so that you are able to get Justice.
Source: Burg Simpson, Attorneys, AZ, FL, CO, NV, WY.