Truck accidents are disastrous to drivers and other individuals around. These life-altering accidents leave victims with various degrees of injuries, traumas, pain and suffering, expensive medical bills, and other expenses. Working through a truck accident claim can be complex as there are several individuals at fault and concrete evidence is important in understanding the cause of the accident.
It is important for a truck accident victim to hire a professional traffic collision lawyer that has the experience, good track record, and resources to take on a truck accident case. With such an individual’s expertise, a thorough investigation can be launched to determine who is at fault and the amount of compensation that the victim is to receive.
Proving Who Is At Fault In A Truck Accident
A certified accident attorney helps victims with paperwork, analyse the cause of the accident, and conduct investigations in the following areas:
- Truck driver’s driving history
- Commercial driver’s license and endorsements
- Truck’s condition at the time of the accident
- Conformity of the truck to its legal size and weight limits
- Truck’s repair and maintenance history
- Proper truckload placement
- Adherence of the trucking company to all regulations
Not all truck cases are tried in civil courts, many of them are resolved via settlements. However, whereby there is a dispute in the settlement, then the case is forwarded to the civil court. A truck accident victim has to prove the following elements of negligence claims:
Kindly subscribe to our YouTube channel
- Duty of care – It is the responsibility of the truck driver to operate the truck reasonably and safely
- Breach of duty – The truck driver violated road safety rules, thereby breaching the duty of care
- Causation – The breach of duty led to the victim’s injuries
- Damages – The victim’s injuries resulted in damages.
These elements help a truck accident victim receive compensation covering lost wages, medical expenses, trauma, pain and suffering, and other losses.
Determining Who Is Liable For A Truck Accident
Truck accident liability involves many individuals. Hence, it is important to hold the right party responsible for the accident and damages. The following parties include the following:
- Truck driver
- Trucking company
- Other drivers
- Truck manufacturer
- Part manufacturer
- Truck loaders
- Cargo loading company
- Maintenance contractor
- Mechanic or repair shop
A traffic collision lawyer can investigate the cause of an accident and determine the parties that may be liable.
Dealing With Truck Accidents Vs Car Accidents
You may wonder what the differences between truck and car traffic collision are and if their cases are handled separately. Truck accidents come with severe injuries and property damages and as a result, need more attention and prompt action.
Trucking companies are notified as soon as their drivers get involved in truck accidents, unlike car accidents that may take longer periods.
Evidence Needed For A Truck Accident Case
As discussed earlier, having evidence is important in getting a truck accident claim. The following pieces of evidence are tenable in a truck accident case:
- Truck’s black box
- Driver’s logbooks
- Maintenance records
- Physical evidence detailing the truck and the accident scene
- Truck inspection reports
- Employee records
- Eyewitness testimony
- Medical records
- Blood test results
- Cargo-loading records
- Tire skid marks and gouge marks
- Cell phone records
- Data from the automatic onboarding recording device (AOBRD)
An experienced attorney will review these pieces of evidence to determine the rightful compensation the truck accident victim.