How Fault Is Determined In A Truck Accident
Determining Fault in a Semi Truck Accident
Being involved in a car accident is one of the most stressful events a person could experience in their lives, and this stress is only compounded when that accident involves a semi-truck. Due to their massive size, semi-truck accidents can be very severe, often leaving you with extensive injuries and expensive medical bills. Unlike an accident in a passenger vehicle, after a major accident involving a semi-truck, you may be considering a lawsuit, which means you may need to hire a truck accident lawyer and need to learn more about these types of cases.
Read about filing a lawsuit and dealing with the trucking industry after you’ve been hit by a semi-truck in Nashville and learn who is legally responsible for your injuries and compensation.
Bringing a Suit Against a Truck Driver
Something to consider before filing your personal injury lawsuit is whether you will file a suit against the truck driver or the trucking company. Unfortunately, even though they may be associated with a trucking company, many truck drivers are independent contractors, which means the trucking company is not responsible for their actions. This is where a competent truck accident attorney can be quite helpful.
If you determine that the truck driver is an independent contractor, this is who you will file your truck accident claim against. When planning your case against an individual truck driver, you must be able to prove that they were at fault in your accident, usually by demonstrating that they were driving recklessly.
Fighting the Trucking Company
In order to maximize compensation, many people who have been hit by a semi-truck in Nashville choose to bring a personal injury lawsuit against the trucking company. While this is usually a good decision, winning a suit against a trucking company involves several factors that you need to be aware of.
First, employers are generally legally responsible for the actions of their employees, and this principle extends to trucking companies and their drivers. However, it’s important to understand that a trucking company is only responsible for their drivers while they are acting on the company’s behalf. If your accident occurred while the truck driver was off duty, then the trucking company will most likely not be responsible for the accident.
When Intent Matters
There is another area where the trucking company will not be responsible for the actions of their employees, and that’s when the driver has acted with intent. For example, if the truck driver intentionally caused an accident, perhaps because of road rage, then the driver is entirely responsible for the actions, and not the trucking company.
Additionally, if the incident did not involve the truck and only the truck driver, such as in an assault, then the company will also not be liable for any injuries that you have sustained. If you have questions about fault and liability in your truck accident case, it’s best to consult an experienced Nashville attorney.
Types of Serious Injuries that a Trucking Accident can Cause
Any type of tractor trailer accident can be fatal or cause serious injuries. After all, truck crashes are among the worst accident scenes that authorities have to deal with on a daily basis. And many of these accidents are actually caused by truck driver fatigue. Additionally, these accidents typically involve severe injuries that require significant recovery time.
The following will Illustrate a few common injuries caused by large commercial trucks:
- Neck injuries
- Traumatic brain injuries
- Spinal injuries
- Severed limbs
- Broken bones
As you can see, no matter if there is fault determined, a truck driving accident can cause devastating injuries that may require costly medical attention. But if you’re looking to file truck accident claims and recover compensation for your injuries so you can recover financially from these types of serious accidents, you’re going to have to prove fault of the truck driver involved. And this is where a personal injury lawyer can help.
Seeking Compensation for Accidents Involving Large Trucks
If a large truck caused the accident, there is a legal process that you should follow in order to receive fair compensation. First, a police investigation will be required in order to help prove negligence determined in a truck accident. Whether the truck driver was driving above the speed limit or disregarding safety regulations, taking legal action against all parties involved is going to be the preferred path forward.
As a truck crash can also involve multiple drivers, the accident scene should be thoroughly investigated to determine who is at fault for the accident. And if there is more than one party involved, in order to pursue compensation, you’ll want to hire an experienced lawyer to help handle your case against a truck company.
An experienced attorney can help with the following situations after truck accidents:
- Determine fault
- Checking if the loading company was at fault
- Prove negligent hiring
- Determining liability
- Proving a truck driver was driving under the influence
- Proving distracted driving
- Filing a case against other potentially liable parties
In order for a commercial truck driver to be held liable, the accident must be thoroughly documented by the local authorities in the form of a police report. Even if the truck driver is considered to be partially at fault, after you’ve sought medical attention, you should seek a free case evaluation and take advantage of your attorney-client relationship.
Remember that, unlike passenger vehicles, trucking companies have many more rules that they must follow, and this is why it’s best to hire an experienced attorney to handle your claim when determining fault in a semi-truck accident.
You’ve Been Hit by a Semi-Truck in Nashville: Now What?
When you’ve been hit by a semi-truck in Nashville, it can be hard to know how to proceed. After all, this isn’t like being struck by a passenger vehicle driver. And this is exactly why you need to get assistance from an attorney at Mitch Grissim & Associates. Our legal team understands the complications involved in trucking accidents and can help you successfully plan your personal injury suit. Contact us today for more information about our services and how one of your attorneys can help you.