Truck accidents happen for all kinds of reasons and can be caused by equipment failures, faulty road designs, weather conditions, and driver errors. Accidents involving trucks are much more complicated when determining liability. In a truck accident scenario involving a two-car accident, one might be able to sue the driver at fault and file a claim with an insurance company.
The truck driver at fault may not always be the individual held responsibly and truck accident claims can be filed against external parties.
Why It’s Important to Find the At-Fault Party
Whether it’s a minor collision at slow speeds or a high-velocity crash, finding the liable party is essential in every truck accident case.
Besides deciding who is responsible for the collision, identifying the at-fault party will also determine whose insurance will pay for the damages. In Seattle and the rest of Washington, at-fault drivers cover the damages for car accidents, so this step is crucial if you want to get property recompensed.
With the above in mind, your best bet to find the party and fault and get the compensation you need will depend heavily on the type of legal representation you hire.
Determine the Fault within a Truck Accident
Determining fault in a truck accident can be a complex matter as many parties may be seen as liable. Police accident reports tend to focus on discovering if the accident resulted from a criminal offense.
In the case that a police investigation does point to a criminal offense that has resulted in an accident, such as drunk driving, the matter of proving fault in a civil case is much easier. If this is not the case, then one will need to conduct an independent investigation into the accident to uncover who is responsible and prove that liability in the setting of court.
Let’s take a closer look at the steps we follow at Coluccio Law to find out who is liable for a trucking accident.
1. Collect Information and Visit the Site of the Accident
Similar to police investigations, determining who is responsible for a car accident starts by thoroughly reviewing and analyzing everything there is to know about the case.
Take the attorneys at Coluccio Law, who carefully assess every bit of evidence that can help build a winning case.
Our legal experts even visit the scene of the accident to ensure that the information displayed on police reports and other areas is accurate. Not only this, but our truck accident liability experts also review other factors that may have influenced the accident.
2. Gather Details About Injuries and Other Medical Issues
It’s important to find out who is liable in a truck accident. That said, you also need to keep a record of all medical issues and injuries you experience as a result of the accident.
The physical and long-term effects of truck accident lawsuits can be serious and life-altering, depending on the severity of the crash. Some accidents can even cause life-long injuries and permanent disabilities including:
- Back and neck injuries
- Joint and ligament damage
- Traumatic brain injuries
- Internal bleeding and organ damage
- Damage to the extremities
- Hormonal imbalances due to pituitary damage
- Loss of the ability to walk and other motor skills
3. Get Statements from All Relevant Witnesses
Eyewitnesses play an essential role in all truck accident legal responsibility cases.
Witnesses can corroborate information, help answer any doubts, and help the jury determine which version of the story is more likely and accurate. As such, you need to interview all relevant witnesses and collect their contact information as they will help you build a winning case.
Our attorneys understand that eyewitnesses can make or break a case. This is the reason why we collect witness information independently and conduct thorough interviews with every person who was present during the accident.
This is also why we always recommend that you mention any potential eyewitness in your police report as it leaves a record of who was present.
4. Work with a Professional Attorney
Trying to determine either driver or trucking company liability is tough regardless of the situation. But, if you don’t have the right legal help or representation, your legal battle will only become more difficult.
Having knowledgeable lawyers by your side can help determine who holds liability in semi-truck accidents.
Your best bet is to find a legal firm that has a great track record as well as extensive experience working on commercial vehicle accident liability cases.
If you’re looking for a legal representative who can help you get compensation for a truck accident, give us a call today and we’ll be glad to help.
5. Take Action as Soon as Possible
One of the biggest mistakes that accident victims make in truck accident lawsuits is waiting too long before filing the claim.
Waiting to file your claim doesn’t have any benefit, especially when you start considering the statute of limitations and similar laws.
As such, you should contact a truck accident liability attorney as soon as you’re involved in a collision. After seeking medical help, your next phone call should be to a trustworthy lawyer who can handle everything about your case and give you the space you need to heal.
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What Is Truck Accident Liability?
Truck accident liability determines who is responsible or “at fault” when a collision occurs.
Simply put, the liable party is the person who caused the accident. As such, this same individual or entity may be required to pay for the medical expenses and other losses of accident victims.
For instance, if you or a loved one are hit by a truck, you will need to determine who is at fault in order to get fairly compensated for any damages or losses suffered.
Evidence in Establishing Liability
In this context, evidence refers to every piece of information that can be used to determine who holds liability in an accident.
Evidence can consist of data collected at the crash scene, police reports, and information obtained by analyzing the accident damages, among other details to everyone involved in a case.
So, you will also have access to the truck company’s activity logs and other documents in order to build a winning case.
Not only this, but the courts grant access to all evidence to bot
Comparative and Contributory Negligence
It’s possible to have multiple-party liability in truck accidents, which means that more than one party is held responsible for the truck accident. At the same time, it’s necessary to determine if the accident has occurred in a state with contributory or comparative negligence.
Truck accidents in Seattle and surrounding areas fall under Washington state law, a pure comparative state. In a nutshell, this means that plaintiffs can claim compensation even if they are partially at fault for the accident.
Who is Liable in A Truck Accident?
- The driver of the truck
- The trucking company
- The truck manufacturer
- The company that loaded the truck
- The maintenance company responsible for the maintenance of the truck
- A third-party driver
Truck Driver
Are truck drivers responsible for damages? The truck driver may be responsible for the accident in many ways if their actions directly resulted in the collision, making them liable. Proving that they were at fault is necessary and can be made easier if they clearly violated the law or any trucking regulations, such as restrictions on service hours.
Trucking Company
The trucking company may be at fault and held liable if they:
- Failed to properly train their drivers or keep the truck in good working condition.
- Failed to encourage their drivers to abide by the safety regulations.
Truck Manufacturers
Truck manufacturers may be held liable if there is a flaw in the truck’s design or manufacturing. In cases such as this, the company that engineered and sold the vehicle could be liable.
Loading/Shipping Company
If an unbalanced or unsecured load caused the truck accident to occur, then the company responsible for loading the vehicle could be at fault and held liable.
The Maintenance Company
If a maintenance company that is separate from the trucking company was responsible for inspecting the truck and keeping it running safely, they could be held liable for a system breakdown and as result held liable for the accident.
A Third-Party Driver
When the actions of another driver on the roadway forced the truck driver into a collision with the victim, the other driver could be held liable.
Recommended Article: How is Negligence Established in a Truck Accident
To Wrap Up
Understanding truck accident liability is the only way to get fully compensated for the pain, property loss, and other damages you suffered during the collision.
Our team of legal experts follow the steps detailed above in order to evaluate each individual truck accident case, find the responsible parties, and ensure that victims get the resources they need to recover quickly.
Have you or a loved one been involved in a truck accident? At Coluccio Law, we specialize in helping victims get the compensation they need to focus on making a full recovery. If you were involved in a crash with a truck or semi, contact our team today and we’ll be glad to help.
FAQs – Truck Accident Liability
What counts as a truck accident?
Truck accidents can include accidents that involve semi-trucks, garbage trucks, flatbeds, heavy equipment vehicles, and vehicles that a driver needs a special license to operate.
How much can I expect to receive in damages for a truck accident?
When calculating how much one can receive in damages from a truck accident claim, all details of the accident need to be known, such as the injuries, the losses, and damages, to determine the case value.
What do I do after a truck accident?
The most important thing one can do after a truck accident is to get the recommended medical treatment necessary.
From here, even if the accident was not the individual’s fault, they need to contact their own car insurance company and open a claim.
Due to the complex legal issues in truck accident cases, it is recommended that one does not give a recorded statement without speaking to a truck crash lawyer, which one can find at Coluccio Law.
Truck Accident Claims
Determining truck accident liability to successfully lodge a truck accident claim can be a complicated matter. Let us help make it easier for you and call Coluccio Law today to get a free quote or contact us via our convenient online form.
Our expert team is ready to assist you in getting the legal assistance needed in determining truck accident liability.
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