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The 5 Liable Parties In A Truck Accident Case
Last Updated on: September 20th, 2024
Truck accident is quite common in the USA. Moreover, the numbers are rising rapidly. Truck transport is a vital part of the US economy. But you can?t ignore the negligence of trucking companies and truck drivers just because they are good for the economy.
It is time that the people and government take a stand and punish negligence. Victims need to take action against the wrongdoer to deter them from engaging in such behavior. Taking advantage of personal injury law is a great way to do that.
But who should you sue? Determining liability in a truck accident case is not easy because there can be more than one liable party.
The following are five of the most common liable parties in a truck accident case:
- Truck Driver
- Trucking Company
- Cargo Loading Company
- Truck Manufacturer
- Truck Mechanic
Truck Driver
The most common liable party in a truck accident case is the truck driver. Usually, it is the truck driver?s negligence that causes truck accidents.
Below is a list of truck driver behaviors that lead to accidents:
- Distracted driving
- Sleep-deprived driving
- Driving under the influence of drugs
- Speeding
- Violating traffic rules
A proper investigation of the accident can reveal if the truck driver was negligent in their duty. You may not be qualified to conduct investigations. So hire a lawyer. They will have connections with private investigators who can conduct proper research.
Trucking Company
The negligence of trucking companies often goes unnoticed. People become so busy blaming the truck driver for the accident that they forget about the trucking company.
Trucking companies often force truck drivers to violate the hours-of-service rules to make more trips. The goal of trucking companies is to make as many trips as possible so that they can make a good profit.
Violating the hours-of-service rules can lead to fatigued driving. Also, sometimes these trucking companies hire drivers without a proper background check, which leads to under qualified drivers on the road.
Cargo Loading Company
The cargo should be loaded in such a way that the weight of the cargo is distributed properly. If failed to do so, the truck driver may not be able to control the vehicle. When braking abruptly, the vehicle may even roll due to improper weight distribution.
Loading too much cargo can also result in truck accidents. The cargo companies load too much cargo to move more goods in a short time.
Truck Manufacturer
Sometimes, truck accidents can happen due to a defective part in the truck. Defective tires are the most common reason for truck accidents.
Truck manufacturers are responsible for producing safe and correctly functioning products. Failing to uphold this duty can result in the manufacturing of defective parts.
Again, proper investigation is needed in cases of truck accidents caused by defective parts.
Truck Mechanic
A truck mechanic can be held liable for a truck accident if the accident was caused by a defective part that they recently worked on or replaced.
The mechanic has a duty to find any defects in the truck and fix them. They also have the duty to inform the driver about any potential defects that could arise in the future.
When the mechanic fails to do this, they expose the driver to the dangers of an accident, making them liable for the accident.
Benefits Of An Accident Lawyer
Have you faced losses due to an accident? Then, in that case, you need to get the assistance of car accident lawyers. They are the professionals who can provide you with the best knowledge and expertise on the case. At the same time, they will provide you with the best knowledge and benefits that can help you extract the claims from the defendants. Therefore, let us take some knowledge on the benefits of accident lawyers.
Handling The Insurance Claims
After the vehicle accident, you engage with your insurance providers for claim compensation. However, extracting it is not easy as they take all the details and use all their inputs to ensure they pay you the least. So, you could expect a tussle or a tug of war with your insurance provider.
If they have the insurance adjuster, then you have your accident lawyer. They are experts and can help you with all their knowledge to get the maximum compensation.
Proving The Injury
The first stage of the lawsuit is that you have to prove that you met with an accident and you are the victim and sufferer. Showing the injury will not be enough. Your appointed attorney will help you with the entire procedure. They collect all the police reports and witnesses.
They understand all the nitty-gritty of the case, and they can help you win the legal battle and extract justice from the clutches of the defendants.
Negotiating For Settlement
There is nothing better than negotiating with the defendant, and that too outside the court. It helps remove the unnecessary complexities of the lawsuits, that is, visiting the court physically. The attorneys are capable enough, and they exploit their wide network to ensure that the entire case is set outside the court.
Representing You In A Lawsuit
When the case reaches the trial room and is all set for a legal battle, the fiercest battle hurls the logic, arguments, and evidence. In such a case, the role of the attorney becomes quite important. You need to prove the case to the attorney. Also, you have to convince the insurance provider to extract the maximum claims.
The entire task is quite challenging and daunting. The attorneys are quite experienced, and they represent you in the trial room during the proceedings and help you in every possible way to get your deserved rights, claims, and compensation.
Final Thoughts
A truck accident can cause heavy financial losses to the victim. The victim can recover their losses by filing a truck accident claim. The most basic step in a truck accident claim is determining liability. It is best to hire a lawyer since they can help you with everything from determining liability to obtaining fair compensation.
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