3 Parties Usually Considered Responsible For a Truck Accident

Getting justice for your injuries and other damages like lost wages, is essential when you are injured in a truck accident. To claim justice and financial compensation, victims can file lawsuits with the help of an experienced truck accident injury lawyer. However, these lawsuits are a bit complex due to the multiple parties that can be held accountable in it.

This is why, the first thing you need to know in these lawsuits is, who to sue.

Following are the 3 parties that are usually considered responsible in these lawsuits.

Truck driver – Truck driver is considered responsible for accidents in many cases as usually crashes are result of their negligence. Whether it was their fatigue or driving under the influence of drugs and alcohol, drivers are held responsible for the crash in lawsuits. The driver’s insurance company compensates the victims.


Trucking company – In many cases, the trucking company is the one to blame if the accident was a result of their actions. It includes not providing proper training to the driver, not keeping proper logs, and failure to perform vehicle maintenance. A trucking company is responsible for the accidents its employees get into. Insurer of the trucking company compensates the victims of the crash.


Equipment manufacturers – If the truck accident occurred because of defective equipment or malfunction, then you can hold the vehicle and other equipment manufacturer accountable for the crash in your lawsuit. It is the manufacturer’s responsibility to ensure that the vehicle is in good condition without any defect. Faulty brakes, defective lights etc., are the common malfunctions that result in truck accidents.

In the end, victims should know who they can hold accountable for the crash before filing a lawsuit. It is essential to ensure that their case is strong and that your lawyer is skilled and experienced enough to obtain the rightful compensation for you.

Major Factors Responsible For Truck Accidents

Everyone faces the possibility of accidents on the road. Some of the worst types of accidents that happen on the road are the ones that involve heavy vehicles such as large trucks, buses etc. Recent years have seen an alarming number of big rig and truck accidents on American highways.

Truck accidents cause catastrophic damages to those involved in a collision, especially the victims travelling in much smaller vehicles.

Most of the truck accidents have been ascribed to a handful of causes. In order to bring down the number of truck accidents in the country and thus prevent the damage that they cause, it is important to understand the common factors responsible for dangerous truck accidents.

The major causes of truck accidents include:

Driver’s fault- The most significant cause of truck accident involves the driver’s fault. This can include anything that prevents the driver from seeing, reacting, or judging properly. Taking on cell phones, texting while driving, poor awareness of blind spots, driving under the influence of alcohol or drugs, driving too fast etc, could lead to serious truck accidents.    
   
Weather and road conditions- Bad roads, which are often due to heavy rainfall, snow, or wind, cause many truck accidents, especially on highways. Drivers can lose control of their vehicle in extreme conditions. Therefore, the drivers must know how to handle or control the vehicle in extreme weather and bad road conditions.
   
Mechanical breakdown- Mechanical breakdown or parts failure is another common reason. This happens mainly because of poor vehicle maintenance, improper use of     equipment, and so on.    

Improper loading- When the truck’s load is not properly distributed or set up then the load can cause the truck to go off balance or slip while moving. Therefore, it becomes the responsibility of the truck driver to load the goods according to the capacity of the truck.    

Safety should be the first and the foremost priority but if damages are caused due to someone else’s negligence then compensation should be sought. If you or any of your friends or family members has been a victim of truck accident, then you should get help from a truck accident injury attorney. It is the only way to get the justice you deserve and receive the due compensation.

How A Truck Accident Lawyer Can Help You?

Safety should be the foremost priority of every truck driver while on the road. They should always stay alert and focused while driving as even a minor negligence on the part of a truck driver can lead to serious road accidents.

Due to its heavy size, a truck can cause catastrophic damage on the other vehicles on the road in case of an auto accident. It is also most likely to cause severe and even fatal injuries to the victims of in case of a vehicle collision.

And the problems are not just limited to the physical injuries. A truck accident can also lead to financial crisis for the victim, as they will have to bear all the medical bills and cannot get back to work until they recover properly. Things often get worse, when the victim suffers permanent disability.

In case you or anyone you know has been a victim of such an accident, you must get help and legal counsel from a truck accident lawyer. It is the only way to get justice.

The lawyer will investigate, collect all the evidences and will build a strong case for you. This way you can hope to receive an appropriate compensation that will cover all the medical bills that you have paid and also provide compensation for days you could not go for work. In addition, if the victim is the only earning member of the family and if the injuries have resulted in permanent disability, suitable compensation will be given.

Lawyers at a truck accident injury law firm understand the pain of the victims so they work and try their best to get maximum possible compensation. Most lawyers in such cases only charge their fee if they succeed in getting their client the due compensation.

So, if you wish to sue for compensation for yourself or for a loved one, check online to find experienced lawyers who provide legal representation in cases like yours.

What Types Of Compensation You Can Obtain In Personal Injury Case?

Did you suffer injuries in a truck accident? If yes, then you can legally seek compensation for your injuries, property damage, or any other kind of loss, if the accident was caused by someone else’s negligence.

Compensatory damages are classified in different categories, which are listed below-

Special compensatory damages

Special compensation includes monetary expenses of injuries sustained by a victim during an accident. It covers the following types of damages-

• Loss of earnings
• Loss of future earnings
• Cost of future medical care
• Household expenses
• Medical bills

General compensatory damages

General compensatory includes non-monetary damages. The word general here pertains to the emotional suffering and intangible damages sustained by the victim because of injury. It covers the following damages-

• Pain and suffering
• Mental anguish, and
• Loss of consortium or companionship

Wrongful death damages

This compensation includes monetary benefits for surviving family and loved ones. It covers the following monetary and non monetary damages-

• Funeral and burial expenses
• Cost of pre-death medical care
• Loss of services and support
• Loss of companionship and consortium
• Emotional distress of surviving family and loved ones

Punitive damages

Compensation for punitive damages is only provided to victims. When a defendant is found guilty of a malicious act or fraud, he has to pay rightful compensation to the victim.

Collecting damages

Once settlement has been made in the court, a plaintiff can receive damages for his/her losses. But, receiving the compensation and actually collecting the money are two entirely different things.

Defendants may or may not pay the compensation. In such case, the plaintiff’s attorney can help him/her throughout the collection process.

Either the defendant will provide compensation or the insurance company will pay the valid damages up to certain liability limits.

If you or your loved one have faced injuries in a truck accident, then you are eligible to get compensation for your sufferings. Truck accident lawyers of reputed law firms will guide the victim throughout his/her case and provide rightful compensation from the defendant.

Why Hire An Attorney For Truck Accident Cases

If you or someone you know has been involved in a truck accident, it is important for you to contact a truck accident attorney. Although you should hire an attorney in almost every accident case, it becomes more important in case of truck accident. This is because it involves much more serious injuries.

In truck accidents we typically see very serious injuries, thus to compensate the loss and the amount of medical bills that are likely to be incurred, it becomes important to hire an attorney. 

Accident liability can be a very complicated case and to make it easy  you should hire investigators who will start investigation for your case immediately.

A truck accident attorney will interview witnesses, collect documents, plan legal strategy, file necessary paperwork, and negotiate with opposing counsel. He will perform all the actions keeping an eye towards ensuring the best possible outcome for your legal issue.

Sometimes you may not know who are the responsible parties in the accident, in that case, your lawyer will help you find who is at fault. He will take action to ensure that your legal rights are fully protected.

The whole process of investigation is a detailed one and there are usually commercial insurance companies involved. However, you will not have to deal directly with the insurance companies, your lawyer will send out the letters of representation. The insurance companies will try to pay you as little as possible, while your attorney will try to obtain the maximum insurance payout possible.

Most of the cases are settled before reaching trial. During a settlement, your attorney will help negotiate a fair settlement. He will advise you on when to accept the settlement or wait for something better.

The sooner an attorney gets involved in your truck accident case, the better he will be able to represent your interests. Moreover your lawyer will receive his fee only when he wins the case, so he will give his best to win the case for you.

Mistakes That You Should Avoid In Your Truck Accident Lawsuit

Fighting for your rights is not an easy job, especially when you are not responsible of it. If filed a lawsuit against truck driver or trucking company, then you need to stay alert about few facts associated with truck accident law and avoid making mistakes.

Following are few of the mistakes that you should avoid in your truck accident lawsuit-

Negotiation- Often trucking companies try to negotiate with you by bribing. Beware such acts of trucking companies as it can ruin your lawsuit. You must leave this thing on your lawyer and let him negotiate with the trucking company.

Mistakes in legal paper work- Accuracy of legal documents is essential. Mistakes in your legal documentation can spoil your case. It can get any accident victim labeled as a fraud and result in the termination of all your insurance benefits. So, let the lawyer handle all the paperwork.

Applying too late- To file a case against trucking company, there is a time limit of one year. Benefits such as wage loss, medical bills and mileage, and nursing services are covered in it. If you do not apply within one year, you will not be able to receive any insurance benefits.

Medical tests- Health test reports are essential to maintain in order to get insurance benefits. Anytime a doctor sends you for a test or refers you to some other doctor, you must inform your Truck accident lawyer in New York.

Disposing of important evidence- Save all pill bottles, casts, braces, prescriptions or any other items favoring you. Though you might not consider these evidences important, but these are quite essential to preserve in order to avail benefits.

Pictures- If you had to go through any surgery because of the accident, then take pictures of it and provide it to your lawyer. Missing out this factor will weaken your case to get rightful compensation.

Job changes & moving- If any changes regarding your job duties and salary are made after accident then do inform your attorney. This is because personal injuries are restricting you from going to work then you can claim for it.

Is It Essential To Hire A Truck Accident Lawyer If You Have Met With An Accident?

Yes definitely, it is important to hire a truck accident lawyer in New York if you have been a sufferer because of the negligence of the other person, as the lawyer will help you get the compensation owed to you. Lawyer will also do his best to secure your rights and do everything to help you get justice.