Truck Accidents: Who’s Responsible for Your Injuries?
If you were injured in an accident that involved a delivery truck, a big rig, or some sort of commercial vehicle, filing a claim for personal injury would be significantly more complicated than filing a claim for a typical auto accident.
Primarily, you’d be hard-pressed to determine whom you should hold responsible for your injuries. This is due to the fact that there are plenty of potential defendants, from the truck driver to the truck owner, and figuring out the specific person to blame for your injuries could be tricky.
Who’s Liable for Your Injury?
Personal injury claims for truck accidents usually involve various potential defendants, which include:
- The truck driver
- The truck owner or trailer owner
- The company or individual who leased the trailer or truck
- If the case involves improper loading, the loader or shipper of the cargo
- The manufacturer of the truck, trailer, tires, or other components that might have contributed to the accident’s severity or cause
How Responsible Parties Try to Avoid Liability
There are various ways trucking companies or owners could avoid liability for truck accidents, warns a number of truck injury attorneys in Salt Lake City. Mainly, they would attempt to distance themselves from the truck driver, the truck, and the equipment relevant to the claim.
They do this by arguing that the truck driver isn’t an employee of the truck owner, so it can’t be held responsible for the actions of the driver or that it doesn’t actually own the truck so it can’t be held liable for its inspection, repair, maintenance, or operation.
Fortunately, there are now federal rules and regulations that automatically overrule these arguments. The most crucial of these laws is that any truck owner carrying a trucking permit would automatically be held liable for accidents that involve a truck or commercial vehicle that displays its name or placard on the said vehicle. It won’t matter to the court what’s stated in the lease or whether the truck driver is an independent contractor or employee.
Getting Legal Help
Being injured in a trucking accident involves more than tending to your injuries, as if you’re intent on filing a claim against the responsible party, you need to figure out who exactly to sue and how to best go about your claim.
With all these in mind, it’s crucial to get an attorney with ample experience in truck injury lawsuits. Your attorney would help evaluate the facts of your case, know your potential fault, estimate the damages that are rightfully yours, and help you build the best strategy for your claim.