Any road traffic accident has the potential to be complex, but this is even more likely in the case of a truck accident. This is because when you are involved in a collision with a truck driver who is in the process of performing their work duties at the time, you may not only be able to hold the truck driver themselves liable for their actions. However, you may be able to claim damages from their employer through vicarious liability, and the manufacturer of the truck or mechanical parts if defective machinery is shown to play a part in the accident occurring. For this reason, truck accidents can be very complex cases that often require legal assistance.
Finding the Liable Parties:
In a truck accident, determining who is liable for the collision is often not as straightforward compared to a regular car crash. It is not always as simple as holding the truck driver themselves liable due to the fact that they were the one operating the vehicle at the time. Fatal truck accidents are not always the result of negligent driving; in some cases, it might be due to a mechanical defect or the driver following instructions from their employee that have directly led to the collision. In this case, other parties may be held partially or fully responsible.
Due to the potential for vicarious liability, where an employer or another party can be held fully or partially responsible for the actions of another, negotiations in a truck accident case can be very complex and are often best handled by an experienced truck accident lawyer who is knowledgeable about this type of case. Negotiating your claims can be difficult without an attorney if you are in a dispute with somebody, and in a truck accident, this can be even more important since there will often be negotiations with several different parties. This puts you at a higher risk of being taken advantage of without a skilled legal negotiator to support you.
The legal system is very complex and there are various laws, procedures, and guidelines to be aware of and follow carefully when you file a truck accident claim. The fact that several parties can be held liable in the event of a truck accident can make this even more complex, which is why it’s so beneficial to have a truck accident lawyer to guide you through the complicated legal process and help you make sense of the inevitable challenges.
Finally, there are specific laws regarding auto accidents including truck accidents in each state, including the statute of limitations, which must be adhered to when bringing a claim. In addition, many states also operate on comparative fault law, which means that your own fault in the accident may be considered when recovering compensation and how much you are eligible for.
Any road accident has the ability to be complex, but it is often more so in the case in truck accidents with multiple liabilities, laws, and procedures to consider.