There are several major differences between car accidents and truck accidents. In truck accidents, there are several factors involved that simply do not appear in car accidents. This includes things like trucking industry laws, special accident investigations, commercial insurance coverage, and a higher possibility of being faced with fatalities and injuries.
Out of the various things that should be understood about truck accidents, liability stands out as being very important. You can read more about it at this link: https://richardharrislaw.com/truck-accident-liability/. But you might also want to check out the following.
Truck Accidents – Determining Liability
In most cases, truck accident liability is simply a logistical hell. Typically, truck accidents are catastrophic. Injuries are much more serious and damages tend to be a lot higher. Also, matters are complicated because of the fact that several parties can become liable.
Based on accident circumstances, the trucking company, truck manufacturer, truck driver, and several other parties can be considered liable. There is also the possibility that the injured driver shares some responsibility. This would only make the situation more complicated to investigate, especially in comparative liability states.
Strict Liability or Negligence?
Many parties can share a part of the liability for the truck accident that led to losses and injuries. The problem is that proving liability is complicated. It usually involves one (or even both) or 2 legal theories: strict liability and negligence.
In the case of negligence law, the truck driver found guilty is held liable for damages and injuries. Drivers injured are entitled to file personal injury lawsuits. In order for this to happen, the driver who was injured has to prove negligence without a shadow of a doubt.
Demonstrating negligence in truck accidents includes 3 elements:
- Duty of care was owed by the truck driver.
- Duty of care was breached because of the negligence.
- Negligence was the main factor that caused the losses of the victim.
Duty of care stands out as a legal requirement for truck drivers. For instance, the truck driver is required to:
- Watch for obstacles, other vehicles, and pedestrians.
- Use reasonable care when they operate the truck.
- Control the speed and movement of the truck.
Liability law can also hold manufacturers, designers, and several other companies liable when defective products cause truck accidents. In this case, negligence is not really a factor. Some strict liability claims could be based on having faulty tires, brakes, transmission parts, engine parts, accelerator pedals, cargo straps, or cargo ties.
Final Thoughts
Truck accident liability can be quite difficult to determine if you do not know what to do. Since there are so many parties that could be involved, it is mandatory that you hire an experienced truck accident attorney to help you when you were injured. A failure to do this would lead to an unwanted situation in which you cannot file your claim or you would end up receiving a lot less than what you should.
The best truck accident attorneys out there understand absolutely everything about the law, regulations, liability, negligence, and so much more. You will surely be able to receive a much higher compensation if you rely on the services of the specialists.
