In 2022, a total of 439,206 truck accidents were reported to the police across the United States. These accidents resulted in 4,842 Fatalities and 106,902 injuries.
If you have been in a truck accident, it is essential to understand your legal rights to fight for a proper settlement after the incident. This guide delves into truck accidents and victims’ rights.
Who Is Liable In an Accident
Typically, the party responsible for igniting the accident will be liable for resulting damages, and several parties could be held liable in a semi-truck accident. In most cases, liability for damages in a truck accident lies with the trucking company under the vicarious liability doctrine, which holds employers liable for accidents caused by their employees.
However, if the semi-truck driver is on a personal errand during the accident or is an independent contractor, they could be liable for damages.
There are situations where third parties could also be liable for a semi-truck accident. For example, if improper loading is the main cause of the accident, the loading or shipping company may be liable for the damages. Accidents caused by a faulty part can have the faulty part manufacturer carrying liability for the accident.
Proving a Semi-Truck Accident
To prevail in a lawsuit against a trucking company or another party, you must prove that the other party was negligent in the actions that ultimately caused the accident. Negligence has four main elements: duty of care, breach of duty, causation, and harm.
The duty of care is the at-fault party’s responsibility for the safety of others. When a person, for example, the truck driver, fails to uphold their duty, they can be said to be in breach of duty. They are typically held liable for an accident if their breach of duty results in an accident and harm in property damage or injuries.
Like other injury cases, you must support your case with evidence. Besides, the evidence you gather at the accident scene proving a semi-truck accident could require special evidence such as driver logs, truck maintenance records, dash cam footage, and any other relevant evidence in the hands of the trucking company or any other party involved.
Get a Lawyer
Statistics show that involving a lawyer in a personal injury accident can improve your odds by up to 400%. It’s also important to consider that the special evidence required for proving a semi-truck accident may not be as easy to obtain.
When determining what lawyer to work with, the best places to look would be their website’s testimonial section, their social media handles, and reviews on legal websites.
If you succeed with your claim, you should recover all losses linked to a semi-truck accident, including all financial expenses, pain and suffering, emotional distress, and PTSD. When an accident is caused by gross negligence by the defendant, you can also seek to recover punitive damages from the defendant.
