Commercial truck accidents can cause serious injury. Here is what you need to know about suing companies whose drivers cause collisions.
When a commercial truck is involved in an accident, it can cause a significant amount of damage — both to your vehicle and to you personally. Trucks can be involved in accidents for any number of reasons—including driver fatigue, careless driving, unreasonable trucking schedules and incentives, driving too fast, and more. If you have been involved in a truck accident, here is what you need to know about suing the company involved.
Proving that The Driver And/Or The Company is Responsible
In order to successfully sue a company whose truck caused an accident, you must be able to demonstrate that the truck driver did not meet the standards of reasonable care that all truckers are held to while driving a commercial vehicle. You then will have to link that driver’s failure to your injury. In other words, it isn’t enough to say that the truck driver did something wrong or was negligent — you have to prove that this action actually caused the accident that led to your injuries.
There are many ways that a truck driver can be shown to be negligent while operating a commercial vehicle. He may have been talking on the phone while driving, speeding, or driving when he was too tired to be behind the wheel. A skilled truck accident lawyer can exam the trucker’s behavior and show that it was negligent or reckless based on the standards for truck drivers.
Of course, if you are injured in a truck accident, there may be other parties that you can sue beyond the truck driver. It’s critical to identify every possible defendant in a truck accident case so you can receive the full compensation for your injuries. Responsible parties may include the driver, trucking company, insurance company, and any contractors. If the truck was carrying hazardous materials that made the accident or your injuries more severe, then the manufacturer of those materials could also be named in a lawsuit. An experienced truck accident lawyer will know how to identify all possible defendants so that your chances of a full monetary recovery are higher.
What You Should Do After a Truck Accident
If you’re involved in an accident with a commercial truck, you can take certain steps to increase the likelihood that a claim or lawsuit will be a success. If you are in shock or badly injured after the collision, you may not be able to do everything listed, but you may still be able to take steps to improve your chances of a favorable outcome.
First, document everything about the accident. Get the police report, and find out the names and addresses of any witnesses. If you can, take pictures or video immediately after the accident. This could help to prove that the truck driver was at fault for the accident. The trucking company will be doing the same thing, so it is important that you gather as much evidence as possible for your case if you are able to do so.
Second, do not sign anything or give a statement to the truck company or its insurance company. If the police are involved, you can give them an honest statement, but you should never talk to the truck company or its insurer without your truck accident lawyer present. Their representative of the truck company or its insurance company will strive to minimize the company’s losses after an accident, so it is not to your benefit to talk to them because whatever you say may be used against you later. Similarly, if you sign something, you may be unknowingly giving away your legal rights. Ask your lawyer to review all documents that the truck company or insurance company ask you to sign—don’t sign them unless your lawyer approves.
If you have been hurt in a truck accident, the Law Offices of Larry H. Parker can help make sure that you get the money you deserve for your injuries. Contact us at 800-333-0000 or info@larryhparker.com to schedule a free initial consultation. We never charge a fee unless we are able to recover damages for you.
