Identifying the responsible parties in a trucking crash helps you know who to make your claim against. There could be multiple responsible parties in a trucking crash, and all can share the liability for the accident.
The trucking company may be responsible for the accident if it occurred while the driver was performing their duty. The insurance company may claim that the responsible party is the truck driver to avoid paying out damages if the insured party is the driver’s company.
Possible Responsible Parties in a Trucking Crash
Liable parties in a trucking crash include the truck driver, the driver’s employer, the truck owner, the truck manufacturer, and the government. Other road users who act negligently may also be responsible for the accident. Trucks often cause severe injuries due to their sizes.
The truck driver bears sole responsibility for the trucking crash if their actions directly cause the accident. Some of the actions that may make the driver responsible are:
- Driving under the influence of drugs or alcohol
- Driving while distracted
- Driving too fast
- Aggressive driving and ignoring traffic signs
Ways Other Parties Can Be Liable
The driver’s employer bears responsibility for the accident if they knowingly hire a negligent or incompetent driver. Truck drivers should only work a specific number of hours. A driver’s employer who forces their employees to work overtime may be liable if fatigue caused the accident.
The truck’s owner may bear responsibility if the accident happened because of the truck’s poor condition. The truck manufacturer can be liable if a defective component in the truck caused an accident.
Identifying the responsible parties in a trucking crash depends on a solid investigation, and a truck accident lawyer can help by finding the responsible. You should only have to worry about your recovery at this time, so let a legal team can handle all the work.
Can You Receive Damages If You’re One of the Responsible Parties?
If you are one of the parties responsible for the trucking accident, you can still receive damages. Both Georgia and South Carolina recognize comparative negligence. This means that injured parties that are partly at fault can receive damages consistent with their percentage of fault.
For instance, if you ignore a traffic sign and the other driver is under the influence of alcohol when the accident occurs, both parties are at fault. The court will determine the damages you can receive by factoring in your percentage of fault.
Do not claim full responsibility for the accident. The comparative fault laws only apply if your percentage of fault is less than 50%. Anything you do or say after the accident can affect your settlement or court award.
What to Do After a Trucking Accident
You should try to do the following after your collision:
- Get in touch with a law firm
- Take pictures or videos at the scene if you can
- Receive treatment for your injuries
- Avoid talking to the other parties involved in the accident
- File a police report
You should also avoid talking to the other party’s insurance company directly. If you work with our team, you can delegate that role to one of our personal injury lawyers. This will prevent the insurance company from trying to make you the party responsible for the accident.
How Do You Determine the Amount of Compensation You Can Receive After a Trucking Accident?
The settlement received in a trucking accident is typically more than in other car accidents. This is mainly due to the severity of injuries sustained in trucking accidents. Catastrophic injuries require prolonged periods of treatment, which increases the medical expenses incurred by the injured party.
Severe injuries often lead to permanent impairment, which also increases the amount of damages you can receive after a trucking accident. The effect the accident has on your quality of life will also affect your compensation.
For instance, if a trucking accident leaves you in a wheelchair permanently, the court will consider this when awarding damages. Lost income and effect on earning ability are also key factors in calculating compensation. If the liable party flees the scene of the accident, you can seek damages from your own insurance company, but this may limit the amount of compensation you can get.
Get Legal Help Today
It is easy to assume that a truck driver is responsible for a trucking accident, but this is sometimes not the case as there could be multiple liable parties. Identifying the responsible parties in a trucking accident is essential to building a personal injury claim or lawsuit.
Connect with an attorney from our firm to help you identify the responsible party or parties in your crash. Call George Sink, P.A. Injury Lawyers at (888) 612-7001 today and get a free consultation with a caring team member.