Liability is one of the primary concerns you will deal with when handling truck accident claims. These accidents lead to personal and property damage and can leave you hospitalized for months, which also interferes with your earning capacity. You should find ways to hold the responsible party liable for the accident immediately after it happens. Consider the following guidelines to help determine liability in a truck accident and possibly resolve it.
Getting the Potentially Responsible Party
Trucking accidents involve several individuals with at least one corporate organization. If you give the accident only one glance, you might overlook all the parties that caused it. For example, if the truck manufacturer made mistakes that led to a defective product, you could enlist them in the lawsuit. Secondly, if the agency that hired the driver did not conduct their due diligence, and it turns out they weren't qualified, you can also sue them. You can also go after the fleet owner if they cut corners in their operations. Finally, the driver might also have some liability in the accident. You should hire a lawyer to help determine which people to sue, as it will help you get all the compensation you need.
Assessing the Role of the Truck Driver
You should start the accident claim by assessing the role the driver could have played in it. They may have broken the traffic rules or were distracted on the road, leading to the accident. They might also have been driving under the influence of alcohol and other drugs. If they were driving under the influence, your lawyer will find a way to ensure they get sole liability for the injuries and damages. You can only hold the driver solely liable for the accident when there is no other involvement.
Checking the Role of the Cargo Loaders
A significant percentage of the accidents result from the cargo. The traffic law has rules and regulations about cargo loading and limitations on the weight that each vehicle should load and carry. If the loading company made mistakes, and the cargo imbalance led to the truck veering off the road or hitting another car, you can hold them accountable. You will need a lawyer to assess this occurrence and determine fault.
Your lawyer will help you determine which people to pursue after a trucking accident. They will also gather and organize evidence to help you get a befitting settlement for your injuries and damages.
Reach out to a truck accident attorney for more information.