The moment a truck accident occurs, the responsible parties involved are often quick to deny liability. The one at fault will, in many cases, point an accusing finger at the other party. This can be confusing for a victim who seeks to file a tractor-trailer injury claim.
If you were injured in a severe wreck, you should understand how to prove liability in a Katy truck accident case. Once you establish negligence, you are entitled to maximum compensation for your injuries and losses. Although no amount of money can undo the damages suffered, the settlement goes a long way in securing your future and that of your loved ones.
Before taking any legal action, your first step will be establishing liability. Without doing so, you may not have a party to sue. Liability in a truck collision claim revolves around negligence. If the other party acted recklessly in direct violation and breach of their duty of care, causing you harm, they are deemed to be at fault.
Your lawyer will, first of all, get down to the specifics of your case. The legal team may visit the accident scene and collect evidence of the crash. Accident reconstruction experts may also be called upon to recreate the scene based on the facts around your case. Generally, negligence is based on the cause of the crash. Major causes include:
From the above causes, the following parties may bear liability:
Trucking companies have a legal duty of ensuring that their vehicles are well maintained. Additionally, they must set reasonable deadlines and schedules for their drivers. It’s very common for truck operators to go to the extreme when delivering cargo. They don’t have enough rest between trips and sometimes get distracted on the road. Driver fatigue is among the common causes of truck accidents.
Operating a truck requires specialized driver training. If your accident was caused by a poorly trained driver, you may file a civil case against the negligent truck owner. They may be sued for negligent hiring as well as poor vehicle maintenance.
Defective tires and braking systems are some of the reasons why truck manufacturers find themselves on the wrong side of the law. Filing a product liability claim can be difficult especially when you don’t know what to look for when establishing liability. An attorney may retain experts to ensure that no stone is left unturned during investigations. Any party in the chain of distribution may be held responsible for your injuries and damages.
While truck drivers and trucking companies may meet safety requirements as set out by state and federal agencies, it only takes a poor road design or condition for a tragic crash to happen. For example, if an intersection is poorly done, causing confusion among motorists, the road construction company or state agency responsible may be sued. Cases involving government agencies are complex and present a unique set of challenges that only a qualified attorney understands.
The roads may be perfect, the truck driver may be careful, the truck may be in its best condition, only for a negligent motorist, cyclist, or pedestrian to cause a crash. It’s not uncommon for other road users to find themselves as defendants in civil cases. For example, an aggressive driver may have cut off the truck driver, causing a chain of crashes where you suffered harm. Through the help of a knowledgeable attorney, you may hold the liable motorist responsible for your truck accident injuries.
Before deciding to file an injury claim for your truck accident, you should check with an attorney whether you qualify for compensation. Just because you were injured doesn’t mean you automatically become eligible for settlement. You need to show that someone else’s negligent behavior was the proximate cause of the accident and your injuries. Proving this may take a lot of time, resources, and expertise which you may not have, especially if you suffered serious injuries. Luckily, a committed truck accident attorney may help.
Determining liability in a Katy truck accident case on your own may lower your prospects of having a successful claim. You need aggressive legal representation to hold the parties at fault financially accountable. The attorneys at our firm are dedicated to helping you get the justice our constitution guarantees. We are available 24/7. Talk to us today for a free consultation.