Posted by Jason Khattar on 01/18/2021

Truck Accident Cases: Everything You Should Know

Truck Accident Cases: Everything You Should Know

Truck accidents can have complicated legal consequences and involve severe injuries. They become even more complex when several parties may be at fault for the accident. The resulting damages can be expensive for victims to remedy. If you have been involved in a truck accident, these are some of the essential things that you should know. 

What are truck accidents, and what causes them?

Truck accidents are motor vehicle crashes or collisions that involve at least one truck. A truck’s size and weight often make it difficult to balance the loads it carries, contributing to such severe accidents. Truck accidents can also be caused by inexperienced drivers who do not have enough training or drivers who operate trucks without the proper license. These facts are important pieces of information to share with your truck accident lawyer before you start the legal procedures and file a claim. 

Because inadequate training is a common contributing factor behind such accidents, any person driving a truck should have adequate instruction on the techniques and safety measures that they should take while driving. Truck accidents also occur when a driver has not rested enough between trips and is exhausted while operating the vehicle. In both cases, the driver may be considered negligent in an accident and could be found to be responsible for the other individuals' injuries.

Who are the defendants in truck accident cases?

In motor vehicle accidents, generally one or more drivers and their insurance parties are the defendants. However, if one of the parties was a commercial truck, the truck’s manufacturer, owner, and other parties may be defendants, as well. Any of these parties may be liable for injuries in an accident. In an accident involving a commercial truck, the following parties are often held liable:

  • Truck driver
  • Insurance company
  • Truck manufacturer or shipper
  • Contractor
  • Trucking company
  • Truck driver’s employer

Who is liable for truck accidents?

The truck driver and other parties listed above are often held responsible for accidents and may be liable for your resulting injuries. Two types of situations are common in truck accidents, and liability changes depending on the circumstance:

Jack-knifing: A truck may experience jack-knifing if the road was slippery or the driver had to make an immediate turn to avoid a road hazard or any other serious consequence. In this situation, the driver may not have been negligent to make the maneuver that caused the accident. If the driver is not found to have been negligent, they may not be considered liable for the accident. 

Turning accidents: In a turning accident, the driver is usually held liable, especially if the accident was easily avoidable. If the driver’s negligent behavior led to the accident, they may be liable for the damages caused. 

What if I bear some of the responsibility for the truck accident?

Each state follows different laws regarding truck accident responsibility. In some states, you may share liability. In others, you will not be able to recover anything if your actions contributed to the accident. Some states will limit the recovery or compensation when you are partially at fault, and others will allow you to recover the compensation based on your liability percentage. A truck accident lawyer can evaluate the specifics of your case and guide you further.

When should you consult a truck accident attorney?

Because truck accidents involve legal complexities, it is important to seek help from a legal professional as soon as possible. Trucking companies usually have extensive insurance policies, and their insurers often try to delay or reduce the amount of compensation you receive. Experienced attorneys understand the legalities surrounding truck accidents and are skilled at negotiating with insurance companies. With a lawyer by your side, you improve your chances of getting the compensation that you deserve for your injuries.  

The laws for truck accident compensation differ from state to state, so it is important to seek guidance from a lawyer located where your accident occurred to learn more. Make sure that the lawyer you hire has extensive experience handling truck accident cases like yours. The compensation you receive will ideally cover your medical bills, lost wages, property loss, and other expenses. You can ask your lawyer about the settlements they have been able to secure for their previous clients. 

Khattar Law, P.C. has the experienced Personal injury lawyer San Antonio trusts to assist you with truck accident claims. We have handled truck accident cases since 1991 and know effective strategies to help you secure a settlement.

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