Determining Responsibility for Your Injuries
If you are involved in an accident with a commercial truck, you may not be fully aware of your rights. If you were injured because of a truck accident, but don't know who you can file a claim against, a truck accident investigation is going to be very important to you. The investigation will determine who or what was at fault—down to what defective parts contributed or how well-rested the driver was before the crash.
The obvious party you might wish to hold accountable is the truck driver—and they might indeed be the party most responsible if they broke the rules of the road or drove intoxicated, distracted, or drowsy.
However, there are often others who can be held liable too.
Identifying Liable Parties
Determining liability in commercial truck accidents can be more complex than in a typical fender bender between two private motorists. In a truck accident, there may still be several potentially liable parties.
Let's take a look at who those parties might be:
- The Truck Driver – Driver error is the most predominant cause, and this definition can range from driving under the influence, distracted driving, driving fatigue, and may other factors.
- The Trucking Company – Trucking companies could be held liable for employing unqualified drivers, or failing to main safe, day-to-day operation of their equipment,
- The Truck Manufacturers – Truck manufacturers may be identified as liable if they made and sold a defective part that ultimately caused the accident.
- The Maintenance Company – Maintenance companies can be held liable for failing to fix damaged or defective parts. Usually, they are held partially liable along with trucking companies.
- The Loading Company – Cargo companies are responsible for avoiding overloaded trucks; these weight and balance problems could have contributed to the accident.
- The City – If it can be determined that the accident was caused by a poorly maintained roadway, action can be taken against the city or state responsible for their condition.
Filing an Accident Lawsuit
Because every accident is different, determining liability can be difficult, but it is an important step before filing a lawsuit. An experienced truck accident attorney can determine who is at fault and evaluate whether or not you have a legitimate claim against the truck driver, trucking company, or the manufacturer.
At Arnold & Itkin, we leave no stone unturned during the investigation. We have recovered more than $1 billion worth of compensation because we do everything we can to help our clients move forward.
Contact our legal team today to get started with a free consultation determining the viability of your case.