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This content is for informational purposes only and is not intended to provide legal advice.
Road accidents involving huge commercial trucks are always devastating. There is significant property damage and serious, catastrophic injuries, and even fatalities in the aftermath. Many truck accidents are often complex due to various factors and are more likely to settle in court. There are five chief reasons behind this phenomenon.
Why Are Commercial Truck Accidents So Complex?
Accidents involving commercial trucks are complex compared to those involving regular passenger vehicles. One of the reasons is the sheer, massive size of the truck. However, it goes much further than that, as it can be challenging to determine who is at fault for a truck accident. This is because there are several potentially liable parties. However, who is ultimately responsible, and whether more than one party can be held liable, depends on the factors that resulted in the truck accident occurring.
Who Might Be Liable for a Truck Accident?
It might be difficult to determine who is at fault for a truck accident depending on the circumstances. Often, it’s necessary to perform an investigation into accidents involving commercial trucks to determine the what and why.
According to a truck accident lawyer in Fairfax, a reputable law firm always has an investigative team at their disposal to perform a full investigation to learn about these things. One or more parties can be found responsible and, thus, liable for the damages suffered by the victims. The following could be held at fault for a commercial truck accident:
- Truck driver: The truck driver could be held responsible for an accident if they were distracted, fatigued, intoxicated, or driving recklessly. Truck drivers must also inspect their cargo for every specific number of miles traveled. If they fail to do that, they could be held liable for a truck accident.
- Trucking company: The trucking company is responsible for hiring and training their drivers and ensuring that their trucks are safe for travel. Suppose the company fails to train drivers adequately or properly maintain their trucks and ensure safety and compliance with the Federal Motor Carrier Safety Association (or FMCSA) standards. In that case, they may be responsible for an accident.
- Cargo shipper and loader: In some cases, the cargo shipper or loader is liable for a truck accident. If one of those parties fails to comply with safety standards and state regulations and an accident occurs, they could be found liable.
- Truck manufacturer: Sometimes, the manufacturer of the truck is liable for an accident when a component of the truck malfunctions while it’s on the road. For example, if the brakes failed and a crash ensued, the manufacturer would be at fault.
Why are Truck Accident Cases More Likely to Go to Trial?
While many different types of personal injury cases can end up going to trial, those involving commercial trucks are even more likely to reach trial. This is because Various factors can come into play that requires a trial by a judge or jury to determine the outcome of these cases. For example, the defendant may have a dispute that renders things more challenging. Other factors include the following:
- Level of damages: Often, if an insurance company is involved in a truck accident, it might offer a lowball settlement that’s unacceptable to cover the plaintiff’s damages. Usually, truck accidents result in serious, even catastrophic injuries, which means that the compensation they seek could reach the six- or even seven-digit region. If a settlement cannot be reached, the case will go to trial.
- Establishing liability: It can be difficult to prove liability in truck accident cases, especially when the supposedly liable party disputes their responsibility. However, a trial can help as evidence is produced and witnesses testify about who is liable for the accident.
- Trucking company’s reputation: If a trucking company is deemed liable for a truck accident, there might be a reluctance to settle out of court. This is often due to the fear of the company’s reputation being marred. However, a trial can help in getting a settlement for the victim.
If you were injured in a truck accident, don’t go it alone. Instead, contact an experienced attorney at your earliest convenience.
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