EnglishSpanish

Who Can Be Held Liable in a Truck Accident?

Commercial trucks are an important part of our economy’s livelihood, carrying cargo across the nation. But when an accident happens involving a vehicle weighing over 80,000 pounds, other motorists often face severe injuries as a result. Your life can change in an instant during a truck accident, leaving you with huge expenses and an uncertain future.

The New Jersey-based Falcon Law Firm has years of experience handling truck accident cases and helping the victims of someone else’s negligence or actions. Contact our offices today online or by calling (732) 660-1200—we also serve areas of neighboring Pennsylvania, and have experience in holding national and international transport companies accountable.

Read on to learn about damages you could recover and who can be held liable in a truck accident.

How Much Is Truck Accident Lawsuit Worth?

When the driver of a massive 18-wheeler loses control, there is tremendous potential for property damage and physical injury. Passenger cars and even other trucks can be involved in follow-on accidents that compound the loss. Victims face astronomical medical bills and the risk of lifelong disability or death from the worst collisions.

The lawyers at Falcon Law Firm work for the highest compensation possible for each of our clients. Our lawyers can discuss what you can realistically expect based on your situation.

Most victims recognize that they can seek reimbursement for medical expenses. A qualified truck accident attorney can help you develop a list of both economic and non-economic damages to seek. 

Economic damages are usually easy to document, such as:

  • Hospital bills, including for ICU, ER, or surgery
  • Auto repair or replacement costs
  • Medications
  • Medical devices
  • Lost wages

Non-economic damages are more subjective but affect your life just the same. They include:

  • Emotional distress
  • Physical pain and suffering
  • Loss of enjoyment of life
  • Isolation from society
  • Scarring and disfigurement

At Falcon Law Firm, our skilled attorneys are experts at translating non-economic damages into specific amounts for the court to consider. We consult with financial and medical professionals to ensure we seek all the compensation you deserve for how your life has been affected. Contact us at (732) 660-1200 for a free consultation.

Are Truck Drivers Always at Fault?

Truck drivers are responsible for safely handling large, heavy vehicles that sometimes carry “hazmat” cargo. They receive specialized training and often have years of experience driving in all conditions. Despite this, they are still subject to fatigue, mistakes, and overwork.

If a driver neglects maintenance or inspections, drives dangerously, or engages in distracted driving, they may be held liable. However, some truck accidents occur from factors beyond the driver’s control, such as:

  • Faulty components: Hundreds of parts and systems on a commercial truck have the potential to malfunction, whether from overuse or defective manufacture.
  • Hazardous or unbalanced cargo: Truck cargo is sometimes flammable, toxic, or hard to secure. Improperly loaded freight could shift on the road, sending dangerous materials into traffic.
  • Driving conditions: Heavy rain or sleet, limited visibility, debris on the road, and other drivers can all contribute to serious truck accidents.

Your attorney from Falcon Law Firm will fully investigate your crash, and work to identify all the relevant parties who may be held liable.

What Parties Can Be Held Liable in a Truck Accident Case?

At Falcon Law Firm, our lawyers know it takes a thorough investigation to determine who is actually at fault in a truck accident. Researching evidence such as police reports, camera footage, and insurance claims allows our team to create a plan for proving liability for all parties involved.

You may think you only need to file a personal injury suit against the truck driver, but it may be possible to seek damages from a parts manufacturer or other drivers for their reckless driving. There may be other entities that bear responsibility, such as:

  • Carrier companies: These own the trucks and employ the drivers. They usually face the legal burden of any lawsuits. They also hire and train drivers and set inspection protocols for equipment.
  • Truck manufacturers: When trucks are poorly designed or produced, you could include the truck makers in your claim.
  • Tire manufacturers: Tires that can’t hold up to the tremendous demands of long-haul trucking can blow out, causing multi-car pileups through no fault of the driver.
  • Government agencies: While it’s rare to sue the government successfully, it’s possible to demonstrate that negligence from road maintenance teams contributed to your accident.

By following the evidence as far as it goes, your attorney ensures that all potential avenues of compensation are pursued. This greatly increases the chance that all of your losses and damages are covered, for injuries already suffered, and any ongoing care you require.

A holistic understanding of truck accidents and all who are responsible for a crash is essential when building a comprehensive case. Reach out to our offices today by calling (732) 660-1200 — we’ll explore all of your legal options together, and find the best course of action for you and your family.

What if Multiple Parties Caused the Truck Accident?

When multiple parties are responsible for your truck accident, it can be confusing to know how to proceed. Insurance companies will also complicate your case when negotiating a settlement, and this is where you can rely on the personal injury lawyers at Falcon Law Firm. We focus on figuring out who is at fault and how to advance your claim so you can focus on recovering from your injuries.

There are many factors to consider if more than one individual or company is part of the collision, including:

  • Is the truck driver an employee or a contractor? – A driver’s employer can be named as a defendant, but what if the driver is a self-employed contractor for a company?
  • Was an Uber or Lyft driver involved? – Rideshare companies carry insurance on their drivers, but only under certain circumstances.
  • Did someone suffer a medical emergency while driving? – If a driver has a heart attack or stroke, deciding if they are at fault is very complex.
  • Did substances play a role in the crash? – Alcohol and illegal drugs are known causes of dangerous driving, but what if a motorist took a prescription drug that affected their driving unexpectedly?
  • Did the crash involve a vehicle with a recall problem? – Many thousands of cars are recalled each year for transmission or other issues that could cause a driver to lose control.

As you can see, trying to determine who is at fault can be complex. Many states have comparative negligence laws that allow a percentage of blame to be assigned to multiple parties. This helps you pursue each individual or company that played a part in your accident.

How Is Liability Determined?

In determining who is at fault, your truck accident attorney will gather evidence showing how each party was involved. A qualified attorney will build their case using sources such as:

  • Police reports
  • Video footage from traffic, security, and dashboard cameras
  • Photos of the accident scene
  • Crash scene investigator reports
  • Medical records
  • Witness testimony
  • Analysis of road conditions
  • Vehicle maintenance records
  • Truck driver training records
  • Motorist driving records
  • Cell phone records

This documentation can create a clear picture of how everyone involved in the crash behaved or was influenced. For example, a driver who is distracted by their cell phone could weave in front of a truck, causing a chain reaction collision without realizing it. Thorough research into traffic camera footage and witness statements would ensure that the right parties are brought to justice. 

The legal team at the Falcon Law Firm can help you explore all possible avenues for compensation for your truck accident. Reach out to us today to discuss how we can help you understand your options.

Contact the Truck Accident Lawyers at the Falcon Law Firm Today

Recovering from a serious truck accident takes time and patience. When you are healing, you need a trusted advisor from the Falcon Law Firm to do the hard work for you. We have successfully claimed millions in settlements and verdicts for our clients. While you rest, we don’t; we work tirelessly to ensure your case is strong.

Our truck accident lawyers are ready to put our three decades of experience to work for you. We negotiate with insurance companies and opposing attorneys to reach the best outcome for you. If a satisfactory settlement can’t be obtained, we will seek remediation in the courts for you. 

The Falcon Law Firm is here to help you and your family in the worry and confusion after your truck accident. Contact us today using our convenient online form or call (732) 660-1200 for a free consultation.

back to top button