Who is Liable in a Semi-Truck Accident Claim?
A semi-truck accident is an incredibly destructive event that leaves those involved with significant damage. People can be injured to the point of lifelong disability, experience severe emotional distress, and in many cases, they can even lose their life. After such a damaging event, the question of who can be held accountable becomes the foremost thing in those affecteds’ minds.
The answer to such a question is often not always quite as simple as one would hope. Truck accidents by nature are quite catastrophic and can be caused by a variety of factors that can be fairly obvious and in other cases not so much. Many people may be surprised that it is not as simple as suing a truck driver. There are in fact several parties that could potentially be found liable for the damages caused by a tractor trailer accident.
Semi-Truck Accident Claims
In the event you or a loved one have been involved in a semi-truck accident, then you may be able to seek compensation for the injuries that you suffered as a result. If a liable party was negligent and that negligence caused the accident that injured you then they can be held accountable for the damage that they caused. Your damages such as medical expenses, pain and suffering, lost wages, and disability damages can be compensated with a settlement and save you from significant financial harm.
With the assistance of a skilled attorney experienced with tractor-trailer claims, you can increase the chance of successfully recovering compensation greatly. Eberst Law can offer specialized skills and resources when it comes to tractor-trailer accident claims. We can provide expertise gained from years of successful truck accident cases as well as investigative resources to help prove a liable party’s negligence that caused a semi-truck accident.
Liability in a Truck Accident Claim
Most often the question of liability in a tractor trailer accident claim comes between a few common liable parties. In many cases, it is the trucking company that employs the driver that is liable. It is a company’s responsibility when one of their employees engages in behavior or conduct that endangers others and their property. So if a truck driver in the direct employ of a major trucking company falls asleep at the wheel and causes a large accident then the trucking company will likely be responsible for their employee’s conduct and their insurance will be the one that a claim will have to deal with when it comes to getting compensation.
Driver Liability in a Semi-Truck Accident Claim
There are certain instances where a driver alone may be the one held liable for a truck accident. Some semi-truck drivers work independently and despite being hired by a business to haul cargo, they alone maintain liability because of their independence. The level of liability in regard to the independent driver and the business employing them depends on how the driver is paid, the nature of the work, who owns the truck, the amount of control the business had over the driver and their actions, and whether the work required supervision.
A truck driver can also be held liable in a tractor trailer accident claim when they intentionally acted in a way that endangered the other involved parties. This is called intentional tort and should a driver purposely do something like ram another car out of road rage then they will experience criminal prosecution in addition to any civil lawsuits an injured accident victim may bring upon them.
A driver can also do something not relating to their job that causes an accident and then be found liable. If a driver deviates from their route to go visit a friend while driving their truck but get in an accident then they alone can be found liable because they caused the accident while not within the scope of their employment.
Other Parties Involved in a Semi-Truck Accident
Another party that can be found liable for the damages caused by a semi-truck accident is a maintenance provider. Should a maintenance provider’s services be negligent and result in an accident then they can be held accountable. For example, if a maintenance provider does not properly install a piece of equipment in a semi-truck and it malfunctions resulting in an accident then that maintenance provider is at fault.
Contact an Experienced Florida Truck Accident Attorney
The best thing you can do when you are severely injured in a semi-truck accident, is seek a lawyer experienced in semi-truck accident injury claims. You technically could pursue a claim on your own but the odds of you successfully navigating the many pitfalls of insurance tricks and legal process is greatly diminished. Insurance companies have everything they need to successfully deny a claim; as that is their goal since profits are their main priority. Insurance companies have the experience, personnel, resources, lawyers, and money to fight a claim to any extent necessary. If it turns into a “who can withstand the storm longer” type of situation, the answer will always be the insurance company when competing against an injured victim on their own.
It doesn’t cost you anything to get an injury attorney to look at your case. Likewise, truck accident lawyers don’t cost anything out of your pocket since they work on a contingency fee basis. This means they take a percentage of the settlement once the claim is seen through and don’t get paid at all if the injury victim doesn’t recover financial compensation. You or your loved one are likely significantly injured if you are even considering hiring a car accident attorney in the first place. So you should focus on your recovery while a professional works to maximize your settlement with the insurance companies and courts.
If you have been injured in a truck accident in the Stuart, Florida or Gainesville, Florida area, contact the experienced personal injury team at The Eberst Law Firm. We are ready to handle your case. You can contact us online or call us at 772-225-4900.
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