Who is Liable for Your Truck Accident?

Tuesday, July 5, 2022

Who is Liable for Your Truck Accident?

Written by Malman Law, reviewed by Steve J. Malman.

A truck accident is one of the most terrifying events possible due to the sheer weight and size of large commercial trucks. With negligent and reckless driving becoming increasingly common, a truck accident can cause extensive damage when they collide with other vehicles, particularly passenger vehicles. The process of handling a truck accident lawsuit is complicated, which is why hiring a truck accident lawyer in Chicago can help you with recovering damages, protecting your rights, and negotiating on your behalf. 

Causes of Truck Accidents

To determine the liable parties, your lawyer will first look to the cause (or causes) of the crash. Common causes of commercial truck accidents can include:

Driver negligence – Truck drivers have special commercial driver’s licenses and training to operate large, heavy semi-trucks, but they are still human and can make mistakes like any other driver. Some examples of truck driver negligence that causes crashes include speeding, distracted driving, impaired driving, fatigued driving, and more.

Trucking company negligence – Trucking companies can make errors that eventually lead to crashes, as well. These can include negligent hiring of dangerous drivers, retention of drivers who violate the law or trucking regulations, failing to conduct drug and alcohol tests, not maintaining the truck fleet, and more.

Cargo loading crews – Sometimes, third-party cargo loaders can make mistakes that cause a truck to crash. If a crew fails to properly load or secure a truck’s cargo, it can throw the trailer off balance or cause the truck to be too heavy, leading the driver to lose control.

Truck or tire manufacturers – If a truck part or tire is defective from the start, a malfunction can cause the truck driver to crash.

Who Can Be Held Responsible in a Truck Accident Case?

An accident involving commercial trucks is far more complex than a typical car accident claim. In a conventional car accident case, you can sue the at-fault driver and file a claim with an insurance company. In a commercial truck accident, you’ll be able to file claims against more entities as there are a number of individuals responsible for truck safety, maintenance, and operation, making these types of cases tougher to handle.

In addition to a truck driver and the trucking company, several other entities may be liable for a truck accident. This may include the following:

• The owner of the truck
• The owner and loader of cargo
• The manufacturer of the truck and its parts
• The truck maintenance company, and
• In some cases, government entities

The law sets out complex theories of liability that can apply in truck accident cases. For example, a trucking company does not have to do anything wrong to share liability for a crash and resulting injuries. This is because trucking companies are vicariously liable for the actions of drivers operating a truck from the company’s fleet. This includes analyzing the following:

• Evidence gathered at the accident site
• Reports from legal authorities
• Photographs of the truck and other vehicles involved in the crash
• Information from the truck’s black box
• Medical records

Identifying all possible liable parties is important, especially if your injuries from the accident are serious. A trucking company should have a larger corporate insurance policy than an individual driver might have, which can increase your chances of recovering full compensation for your losses.

Our team investigates each accident thoroughly to identify all sources of liability and gather evidence to support your truck accident claim and losses.

Can I Recover Compensation in A Truck Accident Lawsuit?

A truck accident can result in significant medical expenses, loss of income, and a great deal of pain and suffering. One of the biggest factors of recovering compensation depends on whether you can prove that your accident was caused due to someone else’s fault. This includes establishing that the truck driver was driving under the influence, the truck wasn’t maintained properly, or that the truck’s cargo was loaded in an unsecured, loose manner.

In any given case, you or a deceased individual’s family can be compensated for the following:

• Medical Expenses: extended hospital stays, tests, rehab, current and future medical bills
• Pain And Suffering: compensation for depression or PTSD
• Loss Of Income: compensation for not being able to work or losing a job opportunity
• Final Costs: burial expenses and financial compensation for those dependent on the deceased

Get In Touch with A Chicago Truck Accident Lawyer Today to Discuss Your Truck Accident Case

A truck accident can have a catastrophic impact on your life. If you or a loved one were injured or killed in a truck accident, then it is your legal right to consult with a truck accident lawyer at Malman Law in Chicago, as we focus on holding the negligent party accountable for their actions.

With insurance companies pushing you to settle for as little as possible, a lawyer can play a critical role in building a solid case against negligent trucking companies, truck drivers, and manufacturers to secure the compensation you are entitled to under state law. Contact us today.