In the year 2013, there were 338,000 deaths from accidents involving large trucks. If you have been in an accident with a commercial truck and were not at fault, it can be hard to know how to proceed. Here are some things you need to keep in mind after your accident so that you can file a successful claim.
You May or May Not Be Able to Sue the Trucking Company
If you are like a lot of people, you may not realize you may or may not be able to sue the company that the truck driver works for. The reason for that is that if the driver was an independent contractor, they might have signed an agreement that makes them assume responsibility in the case of an accident, not the company they work for.
If the driver is an employee of a trucking company, you may be able to claim that the company itself is liable for any damages you or your car have suffered. Your position might be that the company should have been aware of problems concerning the driver. The company could be held responsible for your accident because the driver had a bad driving record, did not receive the proper training or had some issue with alcohol or drug abuse.
Of course, if the truck driver was not at fault and the accident was caused because of the company's negligence, you might be able to take action. For example, if the trucking company rarely services their vehicles, the driver might not be at fault for the accident that occurred.
The Product Owner Might Be at Fault
If it is determined that your accident wasn't caused by the truck driver or the trucking company, it could be that the manufacturer of the products being hauled could be at fault for the accident that involved you. This is many times the case when a truck is carrying materials that are hazardous. In those cases, it is possible that the manufacturer failed to tell the truck driver about hazards concerning the shipment or did not make sure their materials were securely loaded.
Now that you know what to keep in mind if you're thinking about seeking a financial settlement for your truck accident, use the information in this article to help you make the right choices. Work with a reputable truck accident lawyer (like those at Fonvielle, Lewis, Foote & Messer) so you can prevail in your case.