If being in a car accident is a serious matter, being in a truck collision is much more so because the force of the impact with such a large vehicle can have much graver consequences. Sadly, many people are injured or lose their lives in truck accidents every year which may be a reflection of the increased number of trucks that can be found on the roads. If you or a loved one has been involved in a truck accident and sustained injuries, waste no time in reaching out to a Fresno truck accident attorney. Trying to be successful in a claim against a truck driver may be too much to ask when you are dealing with injuries and trying to recover your health. Here is what you need to know regarding who may be responsible for damages in a truck accident.
Can You Sue a Truck Driver for Damages After an Accident?
If the truck driver’s negligence resulted in a collision, they are responsible for damages. You may also find that the company the driver works for may also be found liable. However, it is common for trucking companies to carry commercial liability insurance. This means that it would be the insurance company that would ultimately pay for your damages.
It is not surprising to know that the insurance company is not anxiously waiting for your claim to pay you the amount you seek. On the contrary, they are armed with an experienced team of lawyers ready to do everything they can to deny your claim or to substantially reduce the amount that they would have to pay to cover your damages and losses.
Among the tactics that they employ is to pressure truck accident victims to accept a low payout while making it sound as though they are doing you a favor by giving you such a generous offer. Before you sign, contact an experienced truck accident attorney. You may be leaving money on the table and your attorney will negotiate smartly on your behalf.
Who Else Might Be Liable for Damages After a Truck Accident?
There are other entities that may be held legally responsible for a truck collision. Among them:
- The individual who loaded the truck
- The person responsible for the maintenance of the truck
- The owner of the freight that was being transported
- Any vendor who serves the trucking company
- The truck’s manufacturer or the manufacturer of the truck’s parts
- Local governments or the contractors responsible for providing maintenance to the roadway
You do not need to feel overwhelmed by so many possibilities. When you work with an experienced truck accident attorney, they will conduct a thorough investigation into the incident and uncover who else might be liable while you focus on recovering your health.
How Will Your Lawyer Determine Fault in Your Truck Accident Case?
The investigation may shed light on available evidence that will help your attorney determine liability after a crash involving a truck. They may make use of evidence like:
- The police report
- Photographs or videos from the crash scene
- Your medical records
- The damage that your vehicle and the truck sustained
- The driver’s logs
- Recording from a device within the truck
- Testimonies from witnesses
Further evidence may be obtained by hiring an expert witness who can reconstruct the accident to shed more light on how the accident happened. They are experts at uncovering crucial forensic evidence that will serve to corroborate your account of the incident.
As far as the driver’s log, it may be useful in uncovering how much time the driver had sat behind the wheel during the day of the accident which may be much longer than they should have. Driving for hours on end without taking time to rest means the driver is overly fatigued and not able to react as they normally would while on the road. Other reasons for the crash might be excessive speeding and the fact that the truck driver was either eating, using drugs, drinking, or texting while driving.
Records from the trucking company may also show what kind of freight the truck was carrying, whether it was too heavy for the truck, or if it had not been secured properly. It may also come to light that the truck had defective parts, there might have been a tire blowout, the brakes might have failed, or there might have been issues with the steering or other mechanical problems.
Your lawyer will help you determine what parties may be responsible for the crash.
