You probably have many questions if you were recently involved in an automobile accident caused by a big rig. Who was liable? Are there any time limits on when you can file a claim? How much compensation should I get for pain and suffering?
First and foremost, it's important to remember that truck accident law covers personal injuries sustained by occupants of a passenger vehicle due to a collision with a commercial freight truck, also known as an 18-wheeler or "big rig." Ultimately, who is responsible for your injuries after a crash with a big rig will depend on the circumstances.
Causes and Contributing Factors
Commercial trucks are larger, heavier, and require more stopping distance than passenger vehicles. This, coupled with financial incentives prioritizing delivery speed over the safety of nearby passenger cars, makes sharing the central roadway a significant challenge.
Of all the kinds of truck accidents that can occur, certain ones tend to arise most often. Some common causes of truck accidents may include: failing to stop at appropriate intervals, driving under the influence of sleeping or attention-defusing drugs, driving aggressively, making wide turns, merging too quickly, or negligent driving.
If a trucker is not paying proper attention while navigating dangerous road conditions, they may cause an accident despite driving within the posted speed limit. Truck drivers should be aware of any hazardous conditions on the road and avoid these potential hazards.
Sometimes, semi-truck accidents are caused by circumstances utterly unrelated to the driver. These other causes may be related to the driver's employer, such as the company's failure to inspect properly, repair, load, or manufacture the truck. Also, perishable goods in transit can perish, resulting in cargo falling from the truck onto other vehicles. A truck can crash if its brakes, tires, or other equipment fail or if it was manufactured with faulty parts.
Determining Who to Sue. Establishing Liability & Collect Compensation
If you were injured in a truck accident, you might have been tempted to name the driver as the defendant immediately. After all, he caused all the damage and did it carelessly. However, that driver is not necessarily the only party who should be named in a personal injury lawsuit. Other parties that may be called include the truck company he works for, the truck manufacturer, parts manufacturers, mechanics, auto maintenance companies, or others who may have some part in your injury suit.
Plaintiffs often need to prove liability and damages.
When handling a truck accident lawsuit, the plaintiff must first name all the defendants. Then, the plaintiff must establish a theory for liability. The suit is based on negligence, except for strict liability defective product cases. For failure, the plaintiff must show that the truck driver was reasonably prudent.
However, the details of the negligence doctrine become a key component when determining whether the company employed the driver is ultimately responsible for the harm.
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