Accidents involving trucks tend to be severe. Especially when compared to an accident between two automobiles. Since truck drivers are often driving on behalf of a trucking company, more than one defendant may be involved in the case. This can make liability even more difficult to determine.
The very first thing you should do if you have been the victim of a truck accident is contact the police. Since multiple defendants may be involved, having a police report of the accident will also be invaluable to any lawsuit that may later be filed. Obtaining as much information as possible from the driver and any witnesses that may be present is also important. This includes contact information, insurance information, names, and anything else that pertains to your case. In addition, you should take pictures and videos of the accident and the surrounding location if at all possible. Afterwards, seek medical attention and contact an attorney.
A truck accident attorney will be familiar with the law and have a general idea of how judges, other attorneys who may be involved in the case, and the location may play into the damages someone may potentially be awarded.
In the immediate aftermath of a truck accident your main focus should be rehabbing and recovering from your injuries. It is highly recommended that you contact an experienced truck accident lawyer. An experienced lawyer will handle your case, negotiate with the insurance companies, and ensure you get the compensation you are entitled to. This will allow you to dedicate yourself fully to your recovery.
A personal injury lawyer does not just work for you in the court room. They will also:
Identify all liable parties.
These may include:
• The truck driver
• The trucking firm
• The truck manufacturer
• The parts manufacturer
• The truck maintenance firm
• The truck loading firm
Gather and preserve all evidence.
This may include:
• “Black box” evidence (electronic monitoring device)
• Maintenance logs
• Inspection reports
• Driving log
• Hours of service
• Cargo log
• Drug and alcohol testing
• Accident scene investigation details
• Vehicle damage to truck and passenger vehicle
While the driver may be responsible for driving a commercial truck without enough sleep, the trucking company is also responsible for the negligence of an employee.
A driver working as an independent owner/operator who failed to inspect the vehicle as required by law, may be liable on their own. If the driver was an employee of a trucking company, the company can be held liable. If the tire blowout was the result of a faulty tire, the tire manufacturer may be held liable.
The truck driver is required to ensure that no other driver is present in his truck’s large blind spot. A driver who changes lanes without ensuring that another vehicle is not present is driving negligently. That driver, as well as the trucking firm, can be named in a lawsuit filed to seek the recovery of financial damages.
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