Determining the Liable Parties In a Truck Accident
Request Free ConsultationTrucks are essential links in the nation’s supply chain, carrying goods and delivering services into and out of states and across national borders. Because they cross borders, trucks are subject to safety regulations by the Federal Motor Carrier Safety Administration (FMCSA). The trucking industry requires many separate entities to keep a well-maintained truck on the road safely, and driven by a qualified driver. When one or more parties fail to adhere to FMCSA standards, cut corners, or fail to take reasonable measures, the result may be a serious or catastrophic accident. Navigating these complex cases without an experienced truck accident attorney can be challenging, especially when it comes to pinpointing liability.
What Causes Truck Accidents?
Trucks are large, complex vehicles that are difficult to operate. They have extensive blind spots, require long stopping times, and make wide turns. Liability in truck accident claims depends on the cause of the accident. The most common causes of commercial truck accidents include the following:
- Distracted driving
- Speeding
- Fatigued driving
- Unsafe lane changes (blind spot accidents)
- Failure to yield the right of way
- Improper merging
- Unsafe passing
- Tire blowouts
- Sudden shifting of an improperly secured load
- Mechanical failures
- Impaired driving
- Inadequate maintenance
Some truck accidents occur due to other causes, such as a dangerous road condition, like an unrepaired pothole, or debris from road work left in the roadway. Truck accident injury victims have the right to seek compensation for their injury-related damages, including personal injury damages as well as property damage to a vehicle. Recovering compensation requires identifying the liable party and making a compelling, evidence-backed claim.
Who Can I Hold Liable for My Truck Accident Injuries?
It often takes a deep investigation to determine the cause of the accident, the negligence that led to it, and the correct liable party or parties. Common liable parties named in Saint Louis truck accident claims include the following:
- The truck driver
- The trucking company
- A negligent truck maintenance company
- A negligent freight-loading company
- The manufacturer of a defective truck part
Depending on the circumstances of the accident, sometimes other entities unrelated to the trucking industry are at fault or share fault for an accident. These may include a third-party driver, a negligent road maintenance agency or roadwork contractor, or a road planning agency that designed a dangerous intersection. Insurance companies investigate truck accident cases with the goal of protecting their profits, even at the injury victim’s expense, resulting in an unfair denial or undervaluation of the claim.
Recovering Damages After a Truck Accident
Truck accidents commonly cause severe or catastrophic injuries. This often results in financial hardship for the injury victim as well as the physical pain and trauma of the injuries. Damages in truck accident claims often include the following:
- Past and future medical expenses
- Past and future income loss
- Reduced future earning ability due to disability
- Out-of-pocket costs
- Compensation for pain and suffering
If a truck accident victim suffers catastrophic injuries like loss of limb, organ loss, the loss of one of the senses, disfigurement, or diminished quality of life, additional compensation may be available to them for permanent injuries and chronic pain.
How Can a Truck Accident Attorney Help Me?
Leaving a truck accident compensation claim in the hands of the insurance company may result in receiving less than the full and fair compensation you deserve. Call Miller & Hine for an attorney who will represent your best interests throughout the process by handling all communication with the insurance company, investigating the accident, compiling evidence of liability, and negotiating with the insurance company for the highest possible settlement for your damages.