The United States economy relies heavily on interstate transportation of goods, usually involving large semi-tractor-trailer rigs. These vehicles are heavy and difficult to maneuver, especially in emergency situations. If you were in a truck accident, you may have suffered serious personal injuries and face extensive financial obligations.
As a truck accident survivor, you have the right to bring a personal injury claim against the at-fault party or parties. One of the first questions you must answer is: who can you hold liable for a truck accident that injured you?
The best way to protect your legal rights and pursue the compensation you need and deserve is to partner with a dedicated truck accident law firm as soon as possible. Trucking accidents are more complicated than personal car crashes, and you don’t want to miss the opportunity to recover the maximum amount of money possible to cover your losses.
The Most Common Types of Truck Accidents That Cause Injuries
Trucking accidents often involve complex situations that can easily lead to severe injuries or even death. Usually, the people in a smaller passenger vehicle are more seriously injured than those in the semi-tractor after a commercial trucking accident.
Some of the types of crashes that are unique to trucking accidents include:
- Jackknife accidents – This occurs when the cab of a truck swings away from the trailer, forming a 90-degree angle. Jackknife situations are usually caused by the driver trying to turn or stop too quickly and losing control of the heavy trailer.
- Rollover crashes – Due to the extreme weight of large trucks (sometimes up to 80,000 pounds), if the driver needs to maneuver or make a tight turn quickly, the vehicle can flip over.
- Underride collisions – Because a commercial truck sits higher off the ground, smaller vehicles may slide underneath the trailer in an accident situation.
- Rear-end accidents – Large trucks cannot slow down or stop as quickly as other vehicles, so they may run into cars that stop quickly in front of them.
- Blind spot collisions – Truck drivers must deal with larger blind spots that can hide vehicles trying to pass or driving alongside the truck. These accidents usually occur when a truck driver changes lanes or drifts into another lane without seeing another vehicle in that space.
The truck accident might involve several other vehicles and seriously injure many motorists.
Which Parties May You Hold Liable for a Commercial Trucking Accident?
Some form of business owns and operates most large trucks. This makes accidents involving commercial vehicles more complicated and involves more potentially liable parties.
If you were injured in a commercial trucking accident and sustained extensive financial losses, you need a tenacious personal injury lawyer who will pursue every possible responsible party to ensure you receive the most compensation possible under the law.
When it comes to truck accident liability, some of the most common parties that may be held responsible include:
The truck driver
According to the Federal Motor Carrier Safety Administration, truck driver error causes 44 percent of truck accidents.
You can hold a commercial driver liable if they operate their truck negligently. For example, if they violate traffic rules or federal regulations, such as driving too many hours or driving fatigued, you can hold them liable for your injuries.
The trucking company that employs the driver
In some situations, you can hold the trucking company responsible for an accident if the injured person can show the company negligently hired and/or supervised the truck driver involved in the crash. A failure to run prior driving and background checks could lead to liability for the company if it places an unsafe driver behind the wheel.
Also, the company may be responsible for vehicle maintenance and inspections, so if a truck breaks down and causes a collision, the company could be on the hook for resulting damages.
Other motorists
Accidents involving commercial trucks are not always caused by the truck or driver. Sometimes, other motorists engage in unsafe or negligent driving, such as weaving in and out of traffic, sudden lane changes without signaling, road rage, and other reckless actions that may force the truck driver to stop quickly or make a sudden move to avoid an accident.
Quick movements can cause a semi-truck to jackknife or roll over more easily than a passenger vehicle. In high-traffic scenarios, a large truck trying to avoid a negligent driver can initiate a crash situation that involves several other vehicles.
Truck manufacturers and truck part makers
The companies that design and produce tractor-trailers and truck parts can be held liable for causing truck accidents if the vehicle or the part is defective or fails at the time of the crash. Proving that a defective truck part or piece of equipment, such as faulty brakes and steering controls, caused an accident is a complicated process. These cases usually involve engineering studies and expert testimony.
How a Truck Accident Lawyer Can Establish Liability in a Truck Accident Claim and Recover Compensation for You
Just like every other type of motor vehicle accident, to recover damages, you’ll need to prove who was legally responsible for the crash. Building a solid injury claim or lawsuit requires skill, experience, and legal knowledge. For a better chance at success, work with a protective, diligent, and persistent truck accident lawyer from the very start.
Some of the steps a dedicated personal injury attorney should take to support your injury claim include:
Gathering evidence
Each accident scenario is different, but all trucking crashes can involve similar evidence, such as:
- Police accident reports
- Eyewitness statements
- Surveillance video footage
- Photographs of the scene, vehicles involved, and injuries sustained
- Electronic data, such as the truck’s black box or the driver’s cell phone records
With the right evidence, your injury attorney can piece together how the accident happened and who should be held responsible for your losses.
Work with expert witnesses
Since truck accidents can be so complicated, they often require more technical evidence than simple fender-benders.
Choose a personal injury law firm that has the resources to engage experts such as:
- Accident reconstructionists
- Manufacturing engineers
- Construction scene analysts
- Data retrieval professionals
- Medical and vocational experts, and
- Other specialists who can provide the support you need for a strong claim.
Organize proof of damages sustained
To recover the maximum amount of injury damages possible, your attorney will need to gather, organize, and present documentary proof of your out-of-pocket expenses, such as medical bills, transportation costs, lost income, and more.
These tangible and documentable losses are important, however, you may have experienced other, very valuable losses that are more difficult to quantify.
A skilled truck accident attorney can also build a strong case for your more intangible losses, such as pain and suffering, mental distress, loss of life enjoyment, and other non-economic damages. Be sure to tell your lawyer about all the changes and losses you have experienced as a result of your truck accident injuries.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Our Experienced Personal Injury Lawyers Can Fight Relentlessly for Your Rights and Establish Who Is Liable for Your Truck Accident
The legal professionals at Berry Law have been serving injured clients since 1965 with the same aggressive and determined work ethic that has helped us achieve decades of successful results for our clients.
Call the personal injury lawyers at Berry Law at (402) 226-5908 or reach out through our online contact form for a free consultation today.
