Determining liability in truck accidents can be complex as numerous parties can be at fault. In some cases, the truck drivers and/or the trucking company can be responsible in a truck accident.
The elements that determine liability in a truck collision and determine if the truck driver or trucking company is at fault include:
Learn more about who is responsible in truck accident cases here.
If the truck driver is an independent contractor, he or she can be held liable for the victims injuries.
Under the law of vicarious liability, should a truck driver cause an accident while being employed by a trucking company, the company is responsible for their employees actions, meaning they will compensate victims.
This include minor injuries or fatal injuries.
While many victims may try to prove liability on just the truck driver or trucking company, the reality is there are more than one potential defendants who may have contributed to the truck accident.
Because of this, you may want to work with a personal injury lawyer or truck accident attorney to determine who contributed to the accident and what other third parties may be at fault.
In addition to the truck driver and the trucking company, other at-fault parties in your truck collision may include:
Due to the size and weight of semi trucks, there is an increased likelihood of fatal accidents when an incident occurs. In fact, from 2017-2019, roughly 20% of all accidents involving a semi involved only one other vehicle, meaning nearly 80% of all truck accidents include two or more other vehicles.
When it comes to truck accidents, the insurance companies of any and all parties (including your own) are going to try to minimize fault to reduce the compensation you need for your injuries and property damage.
A truck accident lawyer will be able to review the facts of the case and determine what parties are truly at fault.
They will review:
Establishing liability in a truck accident is complicated and that includes determining who foots the bill. Depending on the state you live in will ultimately determine the type of insurance you are required to hold.
For example, some states require no-fault insurance policies, which cover the driver’s medical bills and property damage as a result of the accident regardless of who is at fault.
However, at-fault states will require each driver’s insurance company to determine negligence for the accident; from there, the at-fault driver’s insurance must pay for all victim’s damages. In these cases, do not be shocked that the insurance companies will only want to cover the minimum.
It is important to know that if your damages exceed the maximum amount the insurance companies will cover, you may be able to seek additional compensation from the party responsible for the accident.
In order to establish liability in a truck accident claim, you must establish that the truck operator meets the four criteria for negligence. These include:
In order to establish liability, all four of these negligence criteria must be met to make sure the large truck driver is held accountable.
Depending on the state you live in will ultimately determine what the statute of limitations is for you to file your truck accident claim. Further, if you are filing a personal injury claim, a property damage claim, or both, this can also impact the statute of limitations.
Your big rig accident lawyer will be able to determine the length of time you have available. Remember–if you accept an early settlement, you cannot sue.
Truck accident victims need to call the truck accident attorneys of Regan Zambri Long.
We will hold the trucking company liable, put through a trucking accident claim, and provide you with legal advice. Schedule your no-obligation, free legal consultation by calling (202) 960-4596 or sending us a message now.