Top 3 Trucking Accident Lawsuit Questions Answered
Transporting goods on commercial trucks is a necessary part of business, but it has some negative consequences. Unfortunately, accidents between commercial trucks and everyday car drivers are not uncommon; the size of the trucks makes it easy for cars to go unnoticed, and the weight of the trucks can cause an accident to be deadly. If you or someone close to you has been involved in a trucking accident, you might be wondering what type of recourse you can take. Learning what's involved in a trucking accident lawsuit can help prepare you for meeting with a lawyer and help you understand your rights.
Who Has the Liability?
Unlike accidents between two cars, the liability in a trucking accident usually falls on more than one party. Commercial truck drivers cannot usually provide fair compensation to the plaintiff (the person bringing the lawsuit), so a lawyer will look for other responsible parties. Because a commercial driver will most likely be working for a company, the driver, the driver's employer, the truck owner, and the cargo company can all potentially be financially responsible for a trucking accident.
How Is the Accident Investigated?
If you're up against a company with a lot of money, you might worry about the lawsuit becoming a "he said, she said" scenario. Fortunately, there are laws in place that require an independent truck inspector to inspect the truck at the scene of the accident. Additionally, most commercial trucks are equipped with technology that records information such as the speed the driver was going and how often they hit the brake; your lawyer can request that this information be used in the lawsuit.
How Are the Liable Parties Found Guilty?
In order to win a trucking accident lawsuit, the lawyer will have to prove that the liable parties completely violated commercial trucking regulations. The Department of Transportation lays out standards that every commercial truck and truck driver must meet. For example, the trucks must have regular inspections and a certain level of insurance coverage; the truck driver must not exceed set hourly limits and must keep a log of their driving habits. If any of the parties involved with the commercial truck did not fully adhere to the standards set out by the Department of Transportation, they will be found guilty.
Pursuing a trucking accident lawsuit can not only provide you with fair compensation for any injuries or damage, but it can also help prevent another accident from occurring.