If you have been in a truck accident, you may be wondering whether to blame the truck driver or the trucking company for it. A truck accident is a complex and multi-faceted case. It can happen for many reasons including driver fatigue, malfunctioning truck parts, broker liability, employer negligence, and others.
A stressful situation like this should be left handled by an experienced truck accident attorney who has the expertise and resources to manage the details of the case. You can learn more today about the importance of having an attorney on your side when pursuing compensation for injuries sustained in a truck accident.
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When a Trucking Company Can be At Fault for a Truck Accident
While a negligent truck driver can be held liable for causing a truck accident, the trucking company that employs them can also share liability. This can happen when the trucking company failed to maintain their vehicle properly. Also, a trucking company can be negligent if it fails to have its vehicle inspected before it goes on the road.
Another reason a trucking company may be to blame for a truck accident is that it failed to give extensive training to its drivers. Trucking companies must make sure their drivers are properly trained and vetted before they can get behind the wheel. Lastly, a trucking company can share liability if they force their trucker to meet unrealistic assignments and demands.
Schedules of truck drivers need to be realistic and consider mandated inspection procedures, speed guiltiness, logging procedures, and break guidelines. A violation of these can result in a trucking company being held responsible for accidents its drivers may cause.
How to Hold a Trucking Company Liable for an Accident Caused by Its Trucker
First, you need to prove fault. In truck accident cases, several parties including the trucker, the trucking company that employs the driver, and inspectors could share fault. To prove fault, it must be determined that a party had a duty of care, they breached this duty, caused your injury, and resulted in you incurring expenses like lost wages and medical bills.
Timing is vital. You must seek immediate medical attention. Medical records, witness statements, police reports, and photos are necessary to build your case and document your damages. Additionally, the sooner you hire a personal injury lawyer, the sooner they can protect the evidence. A great attorney has a team who can document accident debris, skid marks, and fluid stains at the accident scene.
Truck accident litigation can be complex, as it may involve multiple parties, including the truck driver, trucking company, and insurance companies. It can be time-consuming and costly. However, an experienced personal injury attorney can provide guidance on the legal process, protect your legal rights, and work to ensure you receive fair compensation for your damages. They can also negotiate with insurance companies and other parties to reach a settlement, which can help avoid the costs and uncertainties of a trial.