Going out for your daily chores is a regular thing but it might be doomed by a sudden collision with a truck. Truck accidents are catastrophic, leading to more severe injuries than other auto accidents. It has a high potential for fatalities. You can recur the losses by suing the liable entity. But how would you sue? The truck driver or the truck accident company?
When Are Trucking Companies Liable in a Truck Accident? Get legal help after a truck accident to determine who is responsible for your doom. The lawyer will work on your case and investigate the issues that have led to the unfortunate collision. They will identify the liable party and ensure that you receive fair compensation.
How Can A Lawyer Help In Determining The Liability Of Trucking Companies?
Blaming the trucking company is inappropriate for the incident if the driver was driving the truck for personal reasons. However, if you met the accident during duty hours, you can hold the trucking company responsible for the accident.
Understanding the rules and regulations of the trucking industry is complex as they are laid down by federal, state, and local laws. You will need a lawyer who is well-versed and seasoned with all the clauses of truck accident legalities. They will help you investigate whether the trucking company abided by the clause or their disobedience resulted in the accident.
The lawyer will check the police report, photos of the accident scene, and CCTV footage available of that moment. They will further talk to the driver and the witness of the accident to dig out evidence that will imply liability.
How Can The Trucking Companies Be Liable?
It is the carelessness of a trucking company that leads to an accident. Some common ways they are responsible are listed as follows:
- To meet deadlines or hike their income, the trucking companies pressurizes the driver to work extra hours. According to the law, the working hour for a trucking driver is 14 hours- 10 hours driving and 4 hours for work-related responsibilities. Overworking might make the truck driver tired and result in a collision.
- Due to the shortage of employees or negligence, the trucking company fails to evaluate the truck driver’s capability and appoints them. Failing to check their background might lead to hiring a driver unfit for the job.
- A truck driver with records of accidents in the past due to recklessness might result in future problems too. Hiring a driver with such a background makes the company liable for an accident.
- Regular maintenance is a must for the trucks. Mechanical problems are also an alarming cause of accidents. The maintenance of the truck is the company’s responsibility. Not doing so makes them liable for an accident.
- If the employer is aware that the driver is under an influence of drugs or alcohol; they should bar the driver from duty. Not abiding by this rule will make the company responsible in case of a truck crash.
- A driving license is not enough to drive a large vehicle. The driver must have CDL (commercial driving license) to drive large vehicles. If the driver is recruited without cross-checking the CDL and ends up in a fatal accident, the trucking company has to pay a penalty to the victim of an accident.
What Are The Liability Of The Trucking Company?
You will need an experienced truck accident lawyer to prove the trucking company’s fault. The lawyer will then help to find valid evidence to prove the fault. Once proven, the truck company will be responsible for:
Medical Expenses Of The Victim
After getting injured in a truck accident, the victim will have to go through a plethora of medical treatments. Generally, truck accident injuries are severe. The patient might need hospitalization, surgeries, in-house treatments, and other medical emergency requirements. The trucking company will be reimbursing all the medical expenses.
Loss Of Income
The injuries you have sustained after the accident will hamper your work prospects too. The disability caused due the collision will make you unfit to work. A workspace might grant medical leave for a few days but not for a prolonged period. Your employer might refuse to pay you due to your absence from work. The trucking company is liable to pay you for your loss of wages.
Property Damages
Collision with a heavy-duty truck will make your vehicle shatter into pieces. You will receive compensation for the property damage from your insurance company and the employer of the truck services you collided with.
Loss of Consortium
A severe accident will tilt your life upside down. Owing to the injuries, you might lose the ability to perform the daily duties of your life. It affects the relationships in your life. It is non-economic damage and you can demand settlement for the “loss of consortium”.
Future Expenses
In long-term disability due to a truck collision, you will need to have the required medical treatments suggested by your doctor for the future. The expenses of future medical treatment including the loss of income due to joblessness will be bestowed by the truck company.
Pain And Suffering
These are the non-economic damages that you recur after an accident. Mental trauma, depression, and anxiety need medical treatment. You might need the help of a therapist to overcome post-traumatic stress. With people becoming conscious of their mental problems, psychiatrists and therapists have rocketed their charges. It will present before you an extensive bill. Do not worry if you have a truck accident lawyer by your side. They will help you claim compensation for the pain and suffering of the trucking company.
Conclusion
Taking care of the complexity of a truck accident lawsuit is not a walk in the park. You will need expert guidance and assistance to get through the whole process. Hire an experienced truck accident lawyer with good track record and communication skills to get a positive outcome from a truck accident lawsuit.
