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Who Can Be Held Liable For A Truck Accident?

Who is Liable in a Truck Accident

Truck accidents are often serious, and many often lead to fatal injuries. Trucks are heavier than cars, which makes them more likely to cause excessive damage.

If you or a loved one has suffered because of a truck accident, multiple parties may be liable. This includes:

  • The driver
  • The owner of the truck or trailer
  • The company that repairs or performs maintenance on the truck
  • The party responsible for loading the trailer

A lawsuit for damages could implicate one party or multiple parties. It is critical to understand truck accident laws, so you know how to proceed with your case and what to expect. Reaching out to a truck accident attorney is your best chance for fair and just representation and more compensation. 

What May Cause a Truck Accident

What Might Cause A Truck Accident?

Trucks, including tractor-trailers and pickup trucks, can cause more damage in an accident than other vehicles because of their size.

Liability is determined based on who was negligent or at fault. In your case, liability may be assigned to any of the following.

The Driver

There are many reasons a truck driver may be at fault for an accident. Some include a lack of training or experience, distracted driving, or not obeying traffic laws. If a driver is not driving safely due to being tired or under the influence of drugs or alcohol, that driver is likely to be found liable.

Driving a commercial truck or tractor-trailer requires special training. If the driver has not received or kept up to date with the training required, they may also be at fault.

The Company

The company that owns the truck or trailer may be at fault for providing a poorly maintained vehicle. Some trucks are damaged to the point of being unsafe for the road, even though they may be drivable. Overloaded or improperly loaded trailers are another example that makes the company liable.

The Repair Shop

Truck maintenance is vital for civilians, professional truck drivers, and the companies that employ or contract with them. The person or company that owns the truck is responsible for regular maintenance. 

However, if the repair shop or mechanic overlooked serious issues that led to the accident, they could be liable. This applies whether it was done accidentally or intentionally.

The Loader

Improperly loaded trucks are at a higher risk for accidents, and larger loads may make trailers too heavy or lopsided. Trucks with incorrectly loaded trailers are hard to drive and dangerous for the road.

The loaders and the company that hired them could be held liable if the truck is in an accident as a result of their negligence.

What Kind of Lawsuit Can You File

What Kind Of Lawsuit Can You File In A Truck Accident?

If you are in a truck accident, you can file a personal injury claim for damages, including your medical bills, damage to your car, and pain and suffering. You can also talk with an attorney about filing a personal injury claim for a loved one who was in a truck accident.

Personal Injury Lawsuit

Filing a personal injury lawsuit allows you to sue for damages caused by the truck accident. In addition to the damages mentioned above, you can sue for lost time from work and even psychological damage or trauma.

When assembling your personal injury case, you must provide evidence that the truck driver or another party involved with the truck is at fault for the accident.

Be aware that the defendant may argue that you are at fault for your negligence or lack of following road rules.

Wrongful Death Lawsuit

If you lost a loved one in a truck accident, you may want to consider filing a wrongful death claim. You may be awarded damages that cover the cost of medical bills, funeral expenses, and loss of future income. In some settlements, damages include the emotional loss of a loved one or partner.

You are the plaintiff in your case, and as the plaintiff, you have to show evidence that the defendant was at fault.

Do You Need Representation In A Truck Accident Case?

It is crucial to have legal representation in any personal injury or wrongful death claim involving a truck accident. Accidents involving trucks can cause much more damage than a typical car accident. There are also quite a few parties that could be legally held liable in a truck accident, which makes these types of cases complex. Having a lawyer who is familiar with truck accidents could be your key to success.

The right lawyer will help you provide enough evidence to get your case heard and work hard to get you compensated. Contact Chip Forstall today for your free consultation.

The Chip Forstall law offices advocate for the rights of wrongful death survivors, injured pedestrians, drivers, cyclists and more. Call us today for a free consultation.

PHONE   |    504-483-3400
FAX   |   504-483-3447

320 North Carrollton Ave, Suite 200

New Orleans, LA 70119

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