Accidents involving semi-trucks usually result in serious injuries to the drivers and the people on the scene. Pedestrians are the most frequently hit, but we have also seen cases where passengers in adjacent cars get injured when the semi-truck loses control and slams into other cars. As a responsible citizen who is involved in a semi-truck accident, it’s important to report the case to the concerned authorities.
If you’ve suffered losses of any kind due to a crash, it’s wise to get in touch with an accident attorney. If the effects are personal injuries, then a personal injury lawyer is ideal. The liabilities highlighted in the semi-truck accident laws may be dense and difficult to understand, so you’ll find the counsel of your attorney useful. The statutes state that you have to sue the rightful offender and claim compensation.
Probable Liable Party for the Accident
In a semi-truck accident, there are several parties who can be held responsible for the misfortune. The at-fault party may be a person, mostly the truck driver, or a company whose fault prompted the accident.
If it happens that the at-fault driver was an independent contractor, then he or she is liable for the accident. However, if the semi-truck is a company’s property and the driver is an employee of the company, then both the driver and the company are held accountable for the accident.
Your attorney will collect evidence as needed by the semi-truck accident laws to present in court to support your claim. For example, if the semi-truck hit your car or property during the accident and you were injured, the attorney will likely argue the following points:
- The accident is a result of the driver’s error. Possible indicators include speeding, ignorance of traffic signs, inability to stay in the lane, drunk driving, and fatigued driving.
- The accident happened because the truck was poorly maintained, thus not road worthy. Possible indicators for the personal injury claim include a tire blowout, trailer detachment, and brake failure.
- Due to improper loading of cargo, the driver was unable to control the semi-truck. This resulted in the truck overturning and causing damages.
When your attorney determines the party to sue, it becomes easy to proceed to court. Other than the driver and the semi-truck company, other parties to prosecute include the truck manufacturer, owner of the cargo, the loader, the truck-servicing firm, and the company that employs the truck driver.
Suing the Truck Company for Negligence
As the plaintiff, taking a truck company to court means that you’re prepared for a legal battle. If your lawyer sees that it’s smart to charge the company, you have to prove that it neglected its driver or the truck. The semi-truck accident laws require you to demonstrate the following:
- The company hired a driver who is not qualified or licensed
- The company hired a driver who has a history of car crashes and irresponsible driving
- The company failed to carry out drug tests on the driver prior to the accident
- The company neglected to supervise the driver to establish if he or she is suitable to drive
- The company neglected to maintain and inspect the semi-truck before the accident.
As you may have noticed, it’s not easy to file a lawsuit. Therefore, you need the assistance of a legal expert to help you amass the evidence and demand for your rightful compensation for the losses suffered.