It only takes a simple mistake, such as not paying attention to a merging car or missing an exit, for a truck driver to cause an accident. The devastating results can cause injuries or fatalities.
After a truck accident, you need a lawyer who will consider a great deal of details and legal principles. The law gives truck accident victims the right to seek compensation from liable parties, but you must identify those parties first.
You need a Bakersfield truck accident lawyer to determine liability. Seek a free case evaluation immediately.
Work With a Proven Truck Accident Attorney
You only benefit when you decide to hire a truck accident attorney with experience and knowledge of the complexities of truck accident claims. Truck accident liability is complicated, in part because insurance companies will do anything to shift some of that blame to another party, often you, the victim.
When you hire a truck accident lawyer with ample experience, you eliminate those risks because your lawyer will work aggressively to protect your rights to compensation.
If you were in a truck accident, contact a lawyer to hold all at-fault parties fully accountable for your losses.
Your truck accident attorney will thoroughly investigate what happened to determine the cause of the truck collision and who should be responsible. Liability might stem from negligence, but it can also be due to vicarious liability and other legal principles.
A free consultation with a trusted legal team can answer many questions about your rights to seek compensation and who should cover your losses.
You Can Hold More Than One Party Liable for Your Truck Accident
The truck driver is not always responsible or the only party responsible. You must file your claim against the proper parties, and you can name more than one party as a defendant. This means you have to build evidence against all parties to prove their liability, and your truck accident attorney can handle this for you.
A skilled attorney aims to maximize your compensation, which may mean holding more people responsible for the crash and resulting injuries. The more liable parties, the more insurance coverage might be available. Further, if corporate entities are responsible, you can access their coverage, which will usually have much greater policy limits than individual driver policies.
Simply pointing the blame at the truck driver is not enough in most truck accident cases. You need a truck accident lawyer to investigate, apply the law, and bring claims against all possible liable parties.
Know the Rules the Government Sets
The Federal Motor Carrier Safety Administration (FMCSA) has numerous rules in place for truck drivers and trucking companies. The FMCSA regulates what companies can and cannot do, who can drive trucks, and much more. Violations of these rules often put the company at blame for any resulting accident, injuries, and losses caused to others.
Consider some of the agency’s requirements for trucking companies and drivers:
- Companies must hire and train qualified drivers and only employ those who can drive a truck properly and safely.
- Companies must ensure all drivers are driving well-maintained, clean trucks in good working order.
- The regulations restrict the number of hours truck drivers can work at one time, with breaks to split up their shifts and ensure they get enough off-the-road time to minimize risks.
- Drivers must follow specific guidelines for transporting cargo, including proper loading and securement.
Often, a violation of an FMCSA regulation can help identify who should be liable. Once you understand the cause of the accident, you get a better idea of who you can hold responsible.
Parties You Can Hold Liable in a Truck Accident
When you work with a truck accident lawyer, they will clearly outline fault and take the necessary legal steps to prove liability and make the responsible party pay for your losses.
Here are some examples of the parties that truck accident attorneys might hold responsible for your injuries.
The Truck Driver
The truck driver may have caused the accident for many reasons. First, truck drivers should be properly qualified and have the necessary commercial driver’s license and any endorsements for the particular vehicle they are operating. When they are unqualified, it can lead to dangerous situations and serious errors behind the wheel.
Truck drivers have hard jobs. Though they are sitting in place for hours at a time, they must remain alert and aware of all the risks of the road. They must know how to handle emergency situations in a large semi-truck and protocols to keep everyone around them safe. Even prepared and knowledgeable truckers have lapses that can lead to a terrible crash in an instant.
Some examples of the negligent actions that a truck driver may engage in that put others at risk include:
- Texting or otherwise using their phone behind the wheel
- Adjusting their navigational system while driving
- Watching movies on their phone while they are driving
- Falling asleep at the wheel
- Not gauging the condition of roadways when they are unsafe
- Eating while driving
- Intoxication from use of alcohol or drugs while operating a vehicle
- Driving too fast for weather or road conditions
- Not checking blind spots
- Aggressive driving, including tailgating
- Failing to complete a pre-trip inspection
Truck drivers often make mistakes that lead to truck accidents. When this happens, they are liable parties, but this is usually only part of the liability puzzle.
Trucking Companies
A trucking company may also share fault in a truck accident. Some trucking companies own the trucks and hire the driver to operate the rig. In these situations, you can usually hold the trucking company responsible for the actions of its drivers due to vicarious liability.
The trucking company does not have to do anything negligent to be vicariously liable. This principle holds companies and entities responsible for the actions of employees, agents, and other related parties. Even though many truck drivers are contractors, the law still holds companies vicariously liable when they allow truckers to operate their trucks. Your truck accident lawyer can demonstrate the legal relationship between the parties to prove that vicarious liability should apply to your accident case.
Trucking companies can also be liable due to negligence. For example, if the trucking company hires someone who does not have the proper licensing or credentials or puts someone in a truck that they do not know how to operate, you can hold them at fault for the accidents that result.
Another common situation is ensuring drivers take breaks at the right times. The trucking industry is always rushing, and that often means putting pressure on drivers to get to and from locations on time. However, trucking companies must ensure their drivers do not work over and above the allowed hours without a break. When companies look the other way or encourage hours of service violations, they are negligent and should be liable for harm due to fatigued driving crashes.
Companies also must maintain their fleets of trucks. If the trucking company owns the truck, they must conduct proper inspections, maintenance, and repairs. If the trucking company knows a vehicle needs new tires, brakes, or other work and fails to provide it, it can lead to an accident for which you can hold the trucking company responsible.
Trucking companies might also be liable for:
- Negligent supervision of drivers
- Negligent retention of dangerous drivers
- Failing to conduct proper drug and alcohol testing
When a trucking company shares liability, their commercial truck insurance policy comes into play. The FMCSA requires companies to carry much more substantial policies than individual drivers, so access to this coverage is highly beneficial when you have severe injuries and losses.
The Truck Manufacturer
In situations where defects in the design or components of the truck cause an accident, you can hold the manufacturer responsible.
This may occur due to defective:
- Hydraulics
- Brakes
- Tires
- Steering systems
- Load straps
Hire a truck accident attorney to investigate what happened. If the truck malfunctioned, the trucking company will certainly uncover it, as it can also seek compensation from the manufacturer in many situations. Your lawyer can request the results of any trucking company investigations or other records indicating a defective truck part.
Product liability claims arising from truck accidents are often more technical and complicated, so having the right attorney is necessary.
The Cargo Loading Company
In some situations, a truck accident occurs due to the cargo within the truck shifting, such as rapidly moving from one side of the trailer to the other. This can cause the truck to slide or topple over.
Other times, the truck’s cargo can come loose and fall off the truck. It can lead to dangerous situations for anyone on the roadway with the truck. Cargo spills of all types put other drivers at risk throughout the country every year.
In these situations, your truck accident lawyer’s investigation can provide insight into what went wrong. For example, a defective cargo strap can mean the manufacturer is to blame. Other times, the loading company did not do its job correctly and loaded the material on the truck unsafely.
How Does a Lawyer Find Out Who Is Liable for Your Truck Accident?
Your lawyer can determine liability for your truck accident by analyzing:
- Police accident reports
- Data from the driver’s navigational log, the truck’s event data recorder, or other information showing that the driver was speeding or acting recklessly
- Witnesses who saw what occurred
- Logs that demonstrate if the truck driver took necessary rest or sleep breaks
- Data from the commercial truck’s maintenance logs that can demonstrate warnings about brake failures or other maintenance needs that the trucking company failed to address
- Driver records, including their credentials and history or accidents or misconduct
- Dash cams in the truck
This evidence gives your attorney a great deal of information. While every case is different, an experienced truck accident attorney will sort through all this and other information to accurately determine who you can blame. Often, they must hire trucking experts to thoroughly examine the evidence and give a professional opinion on liability.
A lawyer can also use accident recreation software to help demonstrate what happened before and during the collision. These are only some resources that your truck accident attorney will have to benefit your claim and make proving liability easier.
Do Not Assume the Trucking Insurance Company Is Honest
Insurance companies will go to great lengths to limit the compensation they pay. Even if you deserve more, insurance adjusters will usually make lowball offers, and they might dispute liability for the crash to avoid paying the claim altogether. Your lawyer can prevent unfair treatment by presenting clear evidence of liability and your losses.
Before you settle any claim, contact a truck accident lawyer for professional advice. Accepting offers without legal representation puts you at risk of going home with much less than you need and deserve.
Let a legal professional determine why your accident occurred and your legal right to recover damages from certain parties. Then, they will go to battle for you against difficult insurance companies.
Set Up a Free Consultation to Discuss Your Case With a Truck Accident Lawyer Today
Truck Accident Lawyer, Mickey Fine
After a truck accident, you often have rights and options, and the right legal assistance can make a significant difference in the outcome of your case. A free consultation with an experienced truck accident lawyer can provide valuable insights into the best course of action, and they can advise on how they will determine liability for your losses.
When you don’t know who you can hold liable for your injuries, let a truck accident attorney go to work for you. Reach out now to set up a free consultation. An attorney can provide an initial review, advise whether you have a case, and then determine your next legal steps.
A lawyer will work to protect your rights. That means going after every party liable for your injuries and other losses.
Don’t delay. Contact a skilled Bakersfield personal injury attorney today to learn more about your rights to pursue compensation against all of those at fault.