A large truck accident that left you injured may have left you wondering if you have grounds for suing. In most cases, you do. To recover compensation for all of your injuries, losses, and damages, you need to hire a truck accident attorney who will take the lead on your case.
An attorney who specializes in truck accidents can determine liability in your case as the most important service he or she can offer. Due to the size and weight of a truck, and the inability to maneuver the rig quickly to safety, when a truck driver loses control of their vehicle, everyone around them is at risk for injury. There may be multiple parties responsible for large truck accidents. For example, the truck driver and the employer of the truck driver.
WyattLawFirm.com provides no-obligation case consultations. If you have been injured in a truck accident, this can help you decide what to do next.
Demonstrating Truck Driver Negligence
The most important role your lawyer will play will be finding a way to aggressively pursue a settlement with your insurance company based on all the facts that may be relevant to your case, and that you will provide during your initial consultation.
Establishing negligence is a critical part of determining fault in a case. The evidence your attorney gathers to establish the negligent behavior of the truck driver will include:
- Drivers of large trucks owe a duty of care to one another. To prevent accidents, drivers must take reasonable measures.
- Your accident was caused when the driver failed to meet the duty of care imposed on him.
- A link must be drawn between your injuries and the accident, according to your attorney. Injury claims must prove that they are directly caused by the truck driver’s negligence in causing your injuries, damages, and losses.
Your truck accident lawyer will establish fault in your case by proving negligence. There are, however, times when the driver isn’t fully or entirely to blame for the accident. Your attorney may also go after the trucking company if the case involves a truck accident.
Liability for an accident with a truck
Finding fault in an accident involving a truck may not be straightforward in certain states and in some cases. It is important to consult an attorney who has experience handling truck accidents. A layperson may not know that shared liability may apply in an accident. You could miss out on a large settlement if you don’t hold the trucking company liable as well as the driver. The settlement will help you pay for your outstanding damages and medical bills.
Trucking is a rapidly expanding industry, as stated previously. Companies are finding it hard to find and keep good drivers because of the pandemic. Inadequate hiring and training protocols can lead to serious accidents.
When the trucking company is found to have been negligent in hiring or training, a good accident lawyer can assist you in establishing a case against them. Generally, partial or total liability can be established by establishing:
- A background check was not performed to reveal the driving record of the driver, including prior DUI or reckless driving convictions, violations, and suspensions.
- A large truck was operated without adequate knowledge or experienced by an employee who was not properly trained.
- Due to lack of maintenance, the company’s equipment failed mechanically.
Drivers in trucking companies face tremendous pressure to hire and retain staff for positions that require them to work long hours away from home. Employee turnover can result from burnout. No shortage of staff is worth putting drivers of trucks and passenger cars in danger.
Check out WyattLawFirm.com to find out more about truck accident lawyers.