Who Will Be Sued in A Truck Accident Claim
Have you or a loved one been injured in a truck accident? Is the truck owner or insurance firm refusing to take responsibility for your injuries? If so, you should speak to a truck accident lawyer who knows the importance of conducting investigations to determine who was responsible for the accident.
Working with a highly trained and experienced attorney will make the process straightforward. In case you don’t know what to do, don’t ignore reaching out to a lawyer. There are times when it’s clear the truck driver was distracted, but you need to understand that negligence can be subtle. In this article, we will discuss who needs to be sued after a truck accident.
Trucking Rules
The federal government will need all semi-truck manufacturers, operators, and owners to adhere to some strict rules. Some of these rules will state how much weight the truck can carry, the hours the driver can work, and employee screening. Also, the law requires trucking firms and operators to have higher insurance limits than regular motorists.
Causes of Trucking Accidents
Several things can cause a trucking accident to happen. Some will be more common than others. In the United States of America, several personal injury claims will be filed because of the following:
- Overloaded Truck.
- Driver Fatigue.
- Road Rage or Aggressive Driving from the Truck Driver.
- Manufacturer Flaws in the Truck.
- Failing to Inspect the Truck Correctly.
- Trucks Have Not Been Maintained Correctly.
- Drug Use by the Driver.
- Distracted Driving.
- Risky Hiring Methods.
Who Do You Need to Sue After A Trucking Accident?
Personal injury law will offer accident victims numerous ways of getting a settlement after a truck accident. Some people might be at fault for the injuries and the expenses. They include:
- The Truck Driver.
- The Truck Firm Owner.
- The Manufacturer.
- Government Officials if Road Hazard Caused the Truck Accident.
If you are dealing with a truck accident claim, the manufacturer, driver, or company owner might be responsible. In other situations, the party responsible for loading the items or even the organization that owns the products can be liable. Each claim will be unique, and that’s why you should consult a lawyer to find out if you can get a settlement.
Each personal injury claim will center around proving the negligent party in the accident. Some states will place blame on other parties. And if this is the situation, it can affect the settlement and the total amount offered. Other states will not adhere to comparative negligence laws. But in a truck accident case, negligence needs to be proven to get a settlement for the injuries. Proving negligence can be challenging in any injury claim, and that’s why you should speak to a lawyer to defend yourself.
Seeking Settlement After the Accident
After being involved in a truck accident, you might seek a settlement through a personal injury lawsuit or an insurance claim. If you proceed with the insurance claim, then you will have to go against the trucking company. While the accident may have been the truck driver’s fault, you need to seek a settlement from the employer if they are an employee.
Generally, employers should be responsible for what the employee does while on the job. The employer needs to compensate the person involved in the accident. If neither the truck driver nor the employer was at fault, then you might need to pursue the claim against another party’s insurance company.
You might need to file an injury claim to seek a settlement. If the truck driver caused the crash, then you need to sue the employer. Based on the lawyer’s investigation findings, you may sue other people involved, such as the manufacturer, maintenance provider, etc. If you are successful in the claim, you might be given compensation for all accident-related bills and injuries. Make sure you speak to an experienced injury attorney to discuss the available options after the truck accident. Not only will you save time, but it will be less stressful than if you chose to pursue the claim alone. It is one of the best decisions to go back to living your life without issues.
When it comes to truck accidents, you must find out every company and individual if you want to increase your chances of getting a fair settlement. It is essential because one party might not be insured, which means your medical and other vital expenses will not be covered. The right personal injury attorney will take the time to gather crucial evidence that will make your case stronger.
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