Although they may seem similar from a singular viewpoint, a commercial truck crash and a passenger car accident aren’t the same. And, the reason? Well, unlike a passenger vehicle, you can involve four people on the liability claim in a trading truck accident.
- The driver of the truck,
- The person who hired them.
- The truck manufacturer, and
- The government (responsible for the maintenance of the highway).
Hence, if you or someone you know has been involved in such an accident, it’ll require an independent investigation to solve the case. And that’s where a truck accident lawyer comes in. If you want to know 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.
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.
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.
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.