Have you been hurt in a truck collision, either personally or through a family member? There could be a lot of concerns and questions floating around in your thoughts right now. Injuries from a truck accident can be life-changing on many levels, including the victim’s physical, mental, and financial health.
Most truck accidents are fatal, and those involving 18-wheelers are especially devastating. Many people injured in truck accidents must endure a long road to recovery. Unfortunately, some accidents leave some people permanently disabled.
Still, if you’re on the right side of the law, you have the legal right to seek financial restitution from negligent truck drivers, transportation companies, and manufacturers that caused your injuries.
With the prevalence of e-commerce, accidents with delivery trucks have become more common. Fortunately, you can hire lawyers to help you build a case, especially when you’re involved in a UPS truck accident. More parties are involved than in a typical car accident, including the truck’s owner, the company that rented the truck from the owner, and the driver.
Who’s At Fault?
The legal concept of negligence is a major factor in establishing liability. Insurance companies and a court of law use the concept of negligence, or a driver’s failure to exercise their duty of care, to determine fault.
A court can deem a party who was reckless at fault. Witness statements and evidence collected at the site help establish who was at fault in an accident caused by negligence.
The responding officers interview the drivers, passengers, and any witnesses to compile a report of the incident. They can also look into any potential traffic offenses that contributed to or caused the accident and issue penalties as appropriate.
Remember that the police report is not the last word on who is at fault. A court can deem a police report as hearsay and hence not admitted into evidence. However, tickets and other traffic citations are key indicators of a driver’s behavior on the road.
The court can hold a driver cited for texting to a higher degree if the police record indicates that another driver was texting while driving. It’s crucial to prove that a driver violated the law, even if they weren’t cited for it at the time of the accident.
Establishing Fault
The law surrounding fault in commercial truck accidents can be more nuanced than in a standard car crash involving two private motorists. Even after removing other individuals from the picture, a truck accident still has multiple sources of liability:
• Truck Driver: Driver error is the leading cause, including DUIs, distracted driving, and driver fatigue.
• Trucking Company: If a trucking company hires inexperienced drivers or fails to ensure vehicle safety, it may be liable for any resulting damages.
• Truck Manufacturer: When a faulty component manufactured or sold by a truck manufacturer is found to have been the direct cause of an accident, the manufacturer may be held liable.
• Mechanic: If a mechanic fails to repair broken or faulty equipment, a court of law can hold them accountable for the resulting damages. Often, they share the blame with the trucking firms.
• Cargo Company: The loading company's responsibility is to keep their trucks’ weight manageable. An overloaded truck can cause weight and balance issues.
When truck accidents occur, there may be multiple parties to blame. Most trucking accidents, however, happen while the driver is working, making the trucking company liable for the driver’s actions.
A trucking company may be held liable for an accident if it has not taken adequate measures to prevent the accident from happening. You’ll need evidence that the driver, trucking company, or others were at fault to hold them liable for the collision.
Receiving Financial Compensation Following a Truck Accident
If your quality of life has declined due to the accident, the compensation you receive can assist in offsetting some of those losses. Once you know who was at fault for your accident, you can file a lawsuit or claim with your insurance company. Overcoming the effects of a car accident can be challenging for some people without proper compensation.
Remember that the goal of most insurance companies is to settle for as little as possible or perhaps completely reject your claim. Thus, they put the responsibility on the insurance holder to sign a speedy and painless settlement. If you agree to a quick settlement, you can save them hundreds of thousands of dollars in litigation fees.
An experienced lawyer will handle everything from investigating the accident to representing you in court or settling out of court. Don’t let this opportunity to be reimbursed fairly for what you’ve lost.
What If You Were Also Partially At Fault For The Truck Accident?
If you were even slightly at fault, you should still be able to sue and win in most states. However, the amount of any settlement will be reduced based on how much fault you were found to have.
For instance, the state of Florida follows the doctrine of comparative negligence. If the plaintiff’s degree of fault is less than the total amount of damages in the accident, the plaintiff is entitled to some of the damages to which they would otherwise be entitled.
A truck driver, trucking company, or truck insurance company may try to convince a judge or jury that you caused the accident. If this plan works, you might be able to get less money in damages or your right to sue might be taken away completely. As a result, it’s crucial to contact a lawyer specializing in these cases as soon as possible after such an incident.
You Should Hire a Lawyer If You Were Involved in a Truck Accident
A lawyer specializing in truck accidents can look into the circumstances surrounding the incident and advise you on your options. An attorney can conduct a thorough investigation of the accident and determine fault. A truck accident lawyer can help you determine who was at fault and then pursue financial compensation from that person or business.
What It All Comes Down To
Being in a truck accident is a horrific and life-altering experience. Your top concern must be full mental, emotional, and physical restoration. When you’ve been seriously hurt, the thought of how you’ll pay for your medical care might be overwhelming.
Hiring legal representation after a truck accident can alleviate a lot of stress. Having them on your side can help you get what’s due to you.
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