OMG! A Truck Accident in Utah!! Are you LIABLE??? Time to Find Out.
Although they may seem similar from a singular viewpoint, a commercial truck crash and a passenger car The aftermath of a significant accident is always catastrophic. It will be much overwhelming. At the same time, there may be severe physical injuries, too. But something’s worse than that.
It’s your truck. Not your bike or personal car! So, I can fathom the amount of expense the accident will incur.
Often, we don’t have enough insurance limits to cover the total expenses. That’s another headache. That’s when you think you must claim compensation.
The legal process is vast and time-consuming. So, you must know something about liability and accidents caused due to negligence in the US. I suggest it is better to involve an accident attorney with the scene.
At VoiceOfAction, we believe that small yet cautious decisions can make the more significant outcomes go our way. I will suggest basic yet essential steps you should follow when encountering a truck accident in Utah!
WHO will share the liability for the accident?
According to Federal data, more than 1000 massive truck accidents happen yearly in Utah. But people don’t know how to act promptly in the face of an accident of this stature.
When meeting any significant accident, seeking medical assistance should be the foremost thing on your mind. The next thing is documenting evidence. If required, provide video proof of the accident spot. But contacting the police is more important.
According to the Utah Code Section 41-6a, all recipients in the accident scene (directly involved) must see or contact the police ASAP. But, you must know what liability you share before you go to the police.
Unlike a passenger vehicle, you can involve four people in the liability claim in a trading truck accident in Utah.
- The driver of the truck,
- The person who hired them.
- The truck manufacturer and
- The government (responsible for the maintenance of the highway).
An independent investigation will ensue if you or someone you know commits the accident. And that’s where a truck accident lawyer comes in. If you want to learn more about them, click here!
How will the Investigation Start?
Usually, a truck accident case begins by investigating the sight. And, while you’re at it, you’ll need to find a lot of data as a whole. So, it’s better to keep a notebook with yourself.
- Collect evidence from the crash scene, including how the accident happened, the total extent of the damage, and the caused injuries.
- In addition to these, you’ll also need to get reports from the police as well. Like, as what they’ve written regarding the accident, which they consider to be guilty, and more.
- Examine the truck and the other vehicles caught in the wreck. Be sure to take as many photos as possible from the scene. It might be required later on in court.
- Talk to the witnesses of the accident. Don’t tell them anything you know, though. Just ask them what happened if you can’t remember as a result of the accident.
- Finally, we’ll ask you to get the activity log of the truck as well. It, by law, must show the driver’s time behind the wheel and when they were at rest, etc.
In some cases, you might need a court order before you can investigate the vehicle properly. So, talk to your attorney about it beforehand and ask them to get one if they can.
While you’re talking to a witness, don’t forget to write their statement in your notebook. And ask them to sign the paper as well. This way, even if they say something else, you’ll have the proof to show that they’re blatantly lying to the court.
What is Negligence in the eyes of the LAW?
Here, we are talking of an auto collision. Big trucks are involved in the case. So, poor driving or major personal flaws are less likely to cause the wreck. Instead, most truck accidents in Utah involve mutual faults.
In the same vein, we will deem these four instances as forms of negligence:
- From the end of the party, there was a breach of Duty of Care, which was held at fault mainly.
- There is an element of negligence in the slack Duty dare demonstrated
- The injury or the accident at large was caused by a sheer case of negligence
Note- Negligence here cannot be defined or constituted per proprietary laws. Instead, case laws define NEGLIGENCE. There are ample case laws in Utah that define negligence in a truck accident.
If there was a head-on collision, it becomes easy for the court to detect the person guilty of negligence. Let’s take the Fretz v. Anderson: 1956 case, for example, here. As the case was apparent, the claimant got general insurance on top of special damages worth $1135.90.
Who Can Be Held Liable Following A Truck Accident?
When it comes to a truck accident, you should always make a thorough investigation from the ground. It’ll help you determine what’s happened and why it occurred. Making a full review of the findings can help you indicate more than one person accountable for the incident.
Option – 1: The Driver Of The Truck.
A trucker could’ve caused the accident due to negligent behavior. It can include – distracted driving, fatigue, or speeding. They’d also be responsible for providing proper maintenance to the vehicle. So, if the accident has happened due to that reason, you can consider them liable.
Related: Who Can Be Held Liable After A Truck Accident
Option – 2: The Carrier Of The Truck.
A trucking organization, in essence, is responsible for purchasing a truck and hiring a driver for it. Hence, their accountability will include training practice and evaluating their efficacy. And, if the accident has occurred, then it means that they’re unable to do their job.
Option – 3: The Manufacturer Of The Truck.
A truck accident can be caused because of a component of the vehicle failing massively. Yes, we understand. It can happen due to a maintenance issue as well. However, if the failed part was defective from the beginning, you may seek a product liability claim too.
Option – 4: Cargo Loader And Shipper.
In some cases, the truck accident can be caused by a cargo issue as well. In that case, you can sue both the cargo team and the carrier too. Depending on the state and federal regulations, it might be possible for you to hold the transporter responsible as well.
Option – 5: Other Vendors Related To The Truck.
Depending on the prominence of a carrier’s operation, they might opt for a vendor or two to take care of the outsourcing procedure.
This might include –
- Administrative work, like conducting background checks of a driver or hiring them.
- Offer maintenance to the truck.
- Taking care of the dispatching work.
- Performing the fleet operations.
If the third-party vendor was at the root of the problem, they might be held responsible for the accident as well. And, in that case, you can report to the court against them.
Option – 6: A Government Agency Or Contractor.
In case a roadway hazard, like a broken pavement or a soft shoulder, contributes to a hideous accident, you can hold the government responsible too.
In most cases, the negligent maintenance contractor is considered to be blamed in this regard. But, if there was no one hired to take care of it, you can hold the government responsible too.
What Happens If More Than One Party Is Involved?
Sometimes, during an ongoing investigation, you can find more than one party to be involved in the accident. And that’s a significant finding for a defendant. In this case, you can maximize the amount of money you’ve lost due to the unfortunate incident.
When held accountable, a carrier will collaborate quickly with their insurer and come up with a legal settlement as soon as possible. And, in most cases, they’ll seem quite generous too.
But, accepting it before you’ve investigated the truck with someone experienced might mean that you’re missing out on considerable compensation.
Due to this reason, it’s always best to work with a professional lawyer in the case. With their unparalleled experience and efficacy, you’ll be able to find the right path of investigation. It will also be easier for you to know where to look when trying to find evidence.
How to prove the liability before the Utah Court
You need a solid claim to gain compensation from the person guilty of negligence. After investigation, the court may sue the defendant under any of these grounds of negligence:
- The first and easiest to breach is the Duty of Care. It is a tentative component that everybody is liable to follow. However, it’s not that complex. It means avoiding careless acts and avoidable outcomes at all costs.
- The second ground is a breach of duty. If you show upfront negligence like “drink and drive” or rash driving without any valid reason, it is a sheer case of duty breach.
- The third area is causation. If you received significant injuries or damages to the vehicle and the other person didn’t, you have a favor for causation.
Settling the CASE!
I hope this article helps you to settle truck accidents quickly. We hope that we can clarify a little about any case. If not, we can at least say- how you can resolve it.
Don’t act impulsively after an accident. Most importantly, avoid aggression at all costs. It may blow your favor or cover.
If you still need additional information regarding this, please let us know. We’ll help you in any way we can.
The Final Say!
So, that’ll be all from us for this article. We hope that we could clarify a little about the case and how you can resolve it. But, if you still need some additional information regarding this, don’t forget to let us know all about it. We’ll help you in any way we can.
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