Your day might start with a routine commute to work or a quick trip to run errands. Everything changes when you stop at a traffic light and notice a commercial truck speeding towards you in your rearview mirror. Unable to halt in time, the truck crashes into the back of your vehicle, leaving you with a severe back injury and a totaled car.
After receiving medical care, you decide to pursue financial compensation from the truck driver to help cover all the bills connected to the accident. You begin researching the legal procedures involved in filing a car crash claim to equip yourself with the necessary information. While this proactive approach is commendable, it is important to understand a key difference between a traditional car crash and one involving a commercial truck: liability.
How is liability different in commercial truck accidents?
In most cases involving a traditional car accident, the claim moves forward against the other driver. There are some exceptions, such as cases where a product defect in the vehicle contributed to the accident, but these are not very common. When it comes to commercial trucking accidents, the claim generally moves forward against several parties. These can include:
- Drivers: Truck drivers can be liable if they operate the vehicle negligently. This includes speeding, driving under the influence, or failing to adhere to traffic laws.
- Trucking companies: Companies may face liability if they fail to maintain their fleet properly, hire unqualified drivers, or push drivers to exceed legal driving hours.
- Manufacturers: If a defect in the truck or its parts contributes to the accident, the victim of a crash can also hold the manufacturer accountable.
Understanding who is liable is essential for victims to pursue compensation effectively. Each party’s role and responsibility must be scrutinized to establish a clear case.
What type of evidence do I need to build a claim?
These cases can require a range of different evidence. In addition to witness reports and police records, much like needed for any car crash, you will also want to get copies of driver logs and records. These documents can reveal whether the driver adhered to legal driving hours and regulations. Evidence of regular maintenance or lack thereof is also important as it can indicate negligence on the part of the trucking company.
These accidents also often require expert testimony. Accident reconstruction experts can offer professional opinions on how the accident occurred and who is likely at fault.
Liability in commercial trucking accidents involves multiple parties, each with potential responsibility. Victims of these accidents can move forward with a claim against drivers, trucking companies, and manufacturers depending on the circumstances. It is important for victims seeking justice and compensation to understand this key distinction and build the claim with multiple parties in mind.