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How Fault Is Determined In A Commercial Truck Accident

Commercial Truck Accident On Ramp Stock Photo

Truck accidents are truly awful in general. While they make up only a small fraction of the number of vehicular accidents on the roads, the damage they cause tends to be catastrophically larger due to the sheer size and weight of the vehicle involved. When you or a loved one gets hurt in an accident, it can be tricky to pursue compensation because there are so many potential parties involved. Learn about truck accidents, how fault is determined, who is responsible and how a truck accident lawyer can get you the compensation you deserve.

Increasing Numbers

Over the past twenty years, the number of truck accidents on the roads has gone up by an average of 1% per year. That means that there are 20% more accidents on the road now involving trucks than there were two decades ago. That’s a huge increase.

Laws and Deflecting Blame

Pursuing damages from a truck accident is a bit different than in an auto accident where the two drivers exchange information, get checked out and their insurance companies hash out the details (though sometimes with the involvement of an attorney). Truck accidents are overseen by federal laws that oversee the standards that must be met by all drivers, owners and hauling companies have to follow. With so many parties involved, there’s a lot of blame to shift—and they do try to shift blame.

Determining Fault

There are a number of different entities that come into play when determining fault in a truck accident. The driver, certainly, is one of the primary parties at fault. However, in addition to the person behind the wheel, the truck’s owner can be responsible, as can the trucking company, the leasing company (if any), the shipper or cargo loader – even the various vehicle parts manufacturers, if a defective part is responsible in any way.

Each of these entities will have their own insurance carrier and the carriers will argue back and forth about who has to pay what portion (if any) of the damages. In the past, many trucking companies would claim that if the driver was an independent contractor, the company couldn’t be held liable. Current laws forbid this and trucking companies are as liable as anyone else.

Truck Accident Lawyer

Because cases involving big rigs are so complex and murky, it is vital, if you are in an accident with a large vehicle, to secure the services of a qualified South Carolina truck accident lawyer. A lawyer knows how to cut through the red tape, blame shifting and payment avoidance tactics to ensure that you get paid for the damages you suffered.

When you are injured you can be compensated for medical bills, for lost wages both past and future, for loss of relationships, emotional trauma, pain and suffering and more. If this has happened to you, read more about truck accident law and get in touch with us to talk more today.