According to recent studies, one in sixteen Americans is injured or killed in truck accidents. Truck collisions are more fatal than accidents involving planes, trains, ships, buses, or other vehicles. According to the National Highway Traffic Safety Administration (NHTSA), 98% of people killed in collisions between large trucks or passenger vehicles are passengers.
The accident and injury law office of Terry Bryant is dedicated to giving you the best possible information and representation, should you find yourself involved in a trucking accident.
Trucking Accidents: Liability
It is important to seek compensation for the serious injuries sustained in trucking accidents. Even if you have insurance, you could end up paying hundreds of thousands in medical bills. You may need financial help to pay for physical and occupational rehabilitation and home improvements that will improve your ability to live with a long-term disability.
First, identify the person responsible for the crash. Once you have identified who is responsible, you can contact the insurance company or file a personal injury lawsuit.
You can find liability in many places
Negligence can cause trucking accidents, but not all. Depending on the cause of the accident, the person responsible could be someone you have never met.
If the truck driver, cargo loader, or shipper were responsible for an accident caused by an overloaded or improperly loaded truck, they could also be held accountable. If a defect in a component causes the accident, the manufacturer or assembler could be held responsible. There could be other parties responsible. This could lead to a division of responsibility, depending on who is responsible.
Parties that may be held liable
- The truck driver
- Employer of the driver
- The truck owner
- The cargo loader
- The truck maintenance provider
- Manufacturer of parts
- Third-party
Situations where liability is not applicable
If an 18-wheeler was involved in an accident, the defendant may prove that the jackknife occurred because of unforeseeable road conditions. Or if they can show that the accident happened during a turn by a vehicle. Large vehicles, such as 18-wheelers, often have to use two lanes to turn right. Sometimes, the non-commercial vehicle swerved into the truck’s turning area and caused a collision.
Proving Negligence is the Basis of Recovery
After you are injured in a truck crash, and have determined who is responsible, you can prove negligence by filing either an insurance claim or a personal injury suit. A negligence claim simply states that the behavior of a person, company or other entity was not expected and that you were thus harmed. You must present four elements to the court/insurer in order to prove negligence.
- The other party was required to act in the same circumstances as a prudent and reasonable person.
- The other party did not fulfill this duty of care
- Your injuries were caused because of the negligence of another party
- Actual injuries sustained can be compensated by either par
How to Prove Negligence and Determine Liability
There are many ways you can prove the other party was responsible for the accident, or that it breached its duty of care towards you. These include traffic tickets and criminal convictions that relate to the accident, expert testimony, and eyewitness testimony.
To prove negligence and liability, your attorney will need the following information:
- Police report on the accident
- Documentation of any convictions, or criminal charges related the accident
- Witness statements
- Photos of all vehicles and wreckage
- The “black box”, also known as the truck’s data recorder.
- Hours of service records for driver
- Recordings taken from the driver’s cell phone
- Driver history, including driving records and driver education
- Maintenance records for trucks or companies
- Opinion of an expert
After you are injured in a truck crash, and have determined who is responsible, you can prove negligence by filing either an insurance claim or a personal injury suit. A negligence claim simply states that the behavior of a person, company or other entity was not expected and that you were thus harmed. You must present four elements to the court/insurer in order to prove negligence.
- The other party was required to act in the same circumstances as a prudent and reasonable person.
- The other party did not fulfill this duty of care
- Your injuries were caused due to the negligence of another party
- Actual injuries sustained can be compensated by either party
To prove liability and negligence, your attorney will collect the following information:
- Police report on the accident
- Documentation of any convictions, or criminal charges related the accident
- Witness statements
- Photos of all vehicles and wreckage
- The “black box”, also known as the truck’s data recorder.
- Hours of service records for driver
- Recordings taken from the driver’s cell phone
- Driver history, including driving records, and driver training
- Maintenance records for trucks or companies
- Opinion of an expert
Conclusion
An attorney must prove that the defendant failed to exercise the required care while driving 18-wheelers in order for the liability strategy to be successful. The failure to provide adequate care during driving must be proved. In certain circumstances, the proving of liability strategy may not work. The driver of an 18-wheeler won’t be held responsible for the accident because of a set of criteria that applies to drivers of 18-wheelers involved in an accident.
