After a truck accident, the question of who’s responsible arises. Truck accident victims often wonder how to proceed with compensation since liability can be between multiple at-fault parties in these accidents.
Liability in Truck Accidents
Every truck accident involves the concept of negligence. This principle applies directly to liability and happens when one or more parties fail to exercise reasonable care, resulting in the harm of another. Truck drivers must operate their vehicles safely and adhere to all traffic laws.
When they fail in this duty, they can be held liable in a personal injury claim for minor or severe injuries.
Types of Damages in Truck Accidents
Truck accidents can be traumatic. To seek compensation for damages incurred in a truck accident, you need to understand the type of damages recoverable in these incidents, such as:
- The emotional distress that the accident has caused on the injured’s life, including anxiety and other mental health issues
- Property damage to vehicles, personal property, and infrastructure
- Bodily injuries resulting from the accident, whether they’re minor or life-threatening
When Truck Drivers Are Responsible
There are several situations in which the truck driver can be liable for damages in a truck accident.
Truck Driver Error and Negligence
Truck driver negligence and error are among the leading causes of truck accidents. If their actions or inactions lead to an accident, they can be held responsible for the damages. This negligence can take on many forms, such as:
- Tailgating and following too closely
- Driver fatigue
- Distracted driving (texting, eating, or adjusting the radio while driving)
- Reckless or aggressive driving
- Speeding or driving too fast for road and weather conditions
- Failing to yield the right-of-way
- Improper lane changes or not checking blind spots
These acts can cause a truck accident, making the driver liable.
Violations of Trucking Regulations
Several regulations are in place in the trucking industry to keep truck drivers and everyone else on the road safe. Truck drivers must abide by these state and federal regulations when operating large trucks.
When they violate these rules, they increase the risks of accidents, making them liable when an accident happens. Some regulations they have to follow include:
- Cargo securement rules to prevent falling or shifting loads
- Hours-of-service limits, which dictate how long a truck driver can be on the road without rest
- Licensing and certification standards for commercial drivers
- Vehicle maintenance and inspection requirements
When truck drivers violate these regulations, it serves as solid proof of their liability in truck accidents.
Impaired Driving
Operating a commercial truck or any vehicle while under the influence of drugs or alcohol is illegal and extremely dangerous. Impaired driving is one of the potential causes of truck accidents, and any truck driver who drives their vehicle under the influence is liable for any accidents they cause.
If a truck driver is found to be under the influence at the time of the accident, they will likely face higher liability for the damages they’ve caused. They may also face criminal charges.
When Other Parties May Share Responsibility
While the truck driver can be at fault in many cases, other parties, like the trucking company, manufacturers, and other drivers on the road, are often involved and potentially liable.
Trucking Companies
A common party that shares responsibility with the truck driver is the trucking company. Trucking companies can be held liable for their truck drivers under many circumstances, such as:
- Failure to properly maintain their truck fleet
- Negligent hiring practices like failing to screen drivers and check their driving records properly
- Pressuring drivers to violate safety regulations, like exceeding the hours of service to meet their deadlines
- Inadequate training of truck drivers, especially regarding safety regulations
In many cases, the respondent superior principle applies. This principle means that the company can be held responsible for the actions of its employees while they’re on the job. So, if a truck driver causes an accident while working, the trucking company can be responsible for the truck driver’s actions.
Truck Manufacturers and Maintenance Providers
In some truck accidents, the truck manufacturers and maintenance providers can be held liable. If the truck or one of its parts is defective and led to the accident, you can pursue compensation from the at-fault party. This defect might include:
- Steering system malfunctions that are caused by faulty parts or inadequate repairs
- Mechanical failures because of manufacturing defects and poor maintenance
- Tire blowouts that happen because of a design flaw or improper installation
Other Drivers or Entities
Sometimes, more than just the truck and passenger vehicle drivers are involved in the accident, meaning multiple parties and any other entities that impacted the accident can be held liable. Some examples of these include:
- Construction companies if there’s improper signage or debris in zones that contributed to the truck accident
- Other drivers who contributed to the accident due to their own negligence
- Government entities for poor road maintenance or design if that played a role in the accident
Identifying all the liable parties will be critical when seeking compensation for your damages.
The Role of Insurance in Truck Accident Cases
Insurance companies are there to help compensate those involved in truck accidents. Understanding how they operate in these scenarios can be helpful as you navigate your truck accident claim.
Commercial Truck Insurance
All commercial vehicles must have an insurance policy with substantially higher coverage than your standard passenger vehicle. These insurance laws are necessary as commercial trucks have a much higher risk of causing serious injuries. These policies usually include:
- Cargo insurance to cover damage to transported goods
- Liability coverage for bodily injury and property damage
- Physical damage coverage for the truck
The higher the coverage for commercial trucks, the more likely passenger vehicle occupants will receive full compensation when injured due to a truck driver’s negligence.
Multiple Insurance Policies
Truck accident claims often involve multiple insurance policies, which can complicate the process but may increase your potential compensation. These policies can include:
- The truck driver’s personal car insurance policy
- The trucking company’s commercial insurance policy
- Umbrella policies that provide extra coverage beyond the primary policy limits
- Separate cargo insurance for freights being transported
These policies might not apply in every truck accident case, so having a legal team behind you to help you navigate the legal process will be invaluable.
The Importance of Hiring an Experienced Lawyer
Truck accident cases aren’t always straightforward. That’s why hiring a Chicago truck accident attorney from our team is essential to securing fair compensation for your injuries.
Investigating the Accident and Determining Liability
Our truck accident attorneys are well-versed in investigating accidents and have all the evidence needed to build a strong case. We will:
- Investigate the truck accident scene
- Gather and preserve any evidence that shows what happened and supports your claims
- Establish liability
- Work with accident reconstruction experts to determine what caused the accident
Negotiating with Insurance Companies
Dealing with multiple insurance companies can be intimidating and stressful. Your truck accident lawyer will help you avoid lowball offers, negotiate with the insurance company, and protect your rights. We will:
- Handle all communications with insurance agents
- Negotiate aggressively to secure a fair settlement for all your losses
- Accurately value your claim based on current and future damages
Litigating the Case
If a fair settlement can’t be reached through negotiations, your truck accident lawyer will prepare to take your case to court. Our Chicago personal injury lawyers will:
- File the lawsuit within the statute of limitations for truck accidents
- Represent you through the litigation process, including pretrial motions and discovery
- Present a compelling case with solid evidence to a judge or jury
- Pursue all available legal remedies to ensure you get the compensation you deserve
Secure Expert Legal Counsel!
If you’ve been injured in a truck accident and want to pursue compensation, Rosenfeld Injury Lawyers are prepared to help you with your case. We have experience holding truck drivers, trucking companies, and other parties liable for any injuries you’ve sustained.
We’ll work tirelessly to ensure you’re compensated fairly and that the truck driver and anyone else liable accepts financial responsibility. Call (888) 424-5757 or fill out our contact form for your free consultation with a trucking accident lawyer.