September 21, 2020 Commercial Truck Accident Lawsuits

Everything accident victims need to know to get the compensation they need after a commercial accident.

Out of all of the different kinds of vehicle accidents that happen on American roads, truck accidents are by far the most devastating. The reasons are obvious; the superior size and weight of the truck compared to any other vehicle on the road means that those other vehicles will always come off second best in an accident with a truck. The damage to the vehicle and its occupants is also likely to be severe regardless of the number of safety features present in that vehicle. That is why the accident victims of a truck accident will often consider a lawsuit in order to get the compensation that they need.

The reason is that all of the expenses associated with a vehicular accident, like medical bills, repair bills, and lost wages, are likely to be much higher in a truck accident. Of course, if someone is going to file a lawsuit, then they will need an attorney to help them. In a truck accident lawsuit an attorney is going to be even more important because the accident victim will be going up against an entire trucking company. That is a formidable opponent and an attorney can even the odds. If you live in northeast Florida and were the victim of a truck accident, then contact a truck accident lawyer in Jacksonville to get the help you need.

Determining Liability

While a lawsuit is a possible eventuality in a truck accident case, there is no guarantee that the case has to end in a courtroom. It is entirely possible for the case to become resolved before then, but no matter how the case ends up, it begins with the accident victim and their attorney proving that the truck driver was responsible for the accident. This is not always as straightforward as proving that a regular driver was negligent because there are specific rules and regulations for truck drivers that ordinary civilians may not know about. However, a truck accident attorney would, which is why they are necessary in truck accident cases.

There are many reasons why a truck could get into an accident such as driver fatigue, improperly loaded cargo, poor vehicle maintenance, reckless driving and more. Regardless of the reason for the accident, it must be determined who is to be held responsible for the accident. In the case of a regular accident, the at-fault driver is the one who is held liable, but in a truck accident it is usually the trucking company that hired the driver which is liable for the accident. The driver can only be held liable if they are an independent contractor and not directly affiliated with the trucking company.

In some cases a third party can be held liable for the truck accident. If a shipping company was responsible for loading the cargo, then they can be held liable if the cargo was responsible for causing the accident. This can occur if the cargo was improperly loaded or over the weight limit because both of those could affect the handling of the truck. If the cargo contained hazardous substances which caused the accident and the driver did not know about it, then the shipping company can be held liable.

Making a Claim

The first thing a truck accident victim needs to do is contact a truck accident attorney to help them with their case. The attorney will start an investigation and gather evidence to prove that the truck driver was at fault. They will also calculate the settlement amount they need to take care of their accident related expenses. They will then send all of this to the trucking company, who will choose to accept, reject, or renegotiate the settlement amount. If they accept or renegotiate a reasonable settlement, then the case ends here. If they reject the claim or make a counteroffer that is too low, then a lawsuit will have to be filed against the trucking company.

If a lawsuit is filed, then the case enters the discovery phase where the attorneys from each party exchange the information they have gathered so that they can better represent their client. The case then enters mediation where a neutral third party tries to get both parties to come to a resolution before the case goes to trial. If a resolution cannot be reached, then both parties head to court where a judge and jury will ultimately make the final decision in the case.

Hire an Attorney if You Have Been in a Truck Accident

A truck accident is more destructive than a car accident and a truck accident lawsuit is more complicated than a car accident lawsuit. That is why anyone who has been in a truck accident needs to contact an attorney who is experienced with truck accidents to help them. Anyone who has been in a truck accident will likely have a lot of expenses that need to be taken care of and they will have to face the trucking company to get the compensation they need.

A truck accident attorney will be familiar with all of the rules and regulations involving the trucking industry and will not be afraid to take on the trucking company on behalf of their client. So make sure to contact the right attorney if you have been in a trucking accident.

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