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Truck Accidents and Liability: Understanding Complex Trucking Accident Cases

Truck Accidents and Liability: Understanding Complex Trucking Accident Cases

June 04, 2024

So, you’ve probably seen news reports or even passed by scenes of truck accidents while driving on the highway. It’s challenging, right? They are not only serious, but after it, you also need to follow legal action. First, you should understand whose fault it was. Then, you should deal with insurance. Let’s go over complex trucking accident cases and know how to deal with them. 

Why Truck Accident Cases Are Complex

Truck accident claims differ from typical car accident cases due to several factors:

  • The Impact May Be Life-Changing: Because trucks are enormous vehicles on the road, the occupants of the automobile normally sustain the most damage when they hit them. This might result in severe injuries that cost a tonne of money in medical expenses and missed income, making life difficult financially for a while.
  • Not Everything Depends on One Driver: Truck accidents can involve several parties who may be at fault, unlike standard auto accidents where it’s generally just you and the other driver. It can include several parties: truck drivers, trucking companies, cargo loaders, truck manufacturers, and maintenance providers.
  • Federal Regulations: There are several rules for trucks. It is not permissible for trucks to drive carelessly down the roadway. To keep everyone safe, truck businesses and drivers are required to abide by a plethora of rules. These regulations address topics like the maximum amount of time a driver may spend operating a vehicle, how the truck is kept up, and how safely the cargo is loaded. It might be very significant in your case if any of these guidelines were broken.

The Canadian National Safety Code (NSC) has severe standards that apply to the transportation sector in Canada. 

  • Finding the Evidence: A lot of documents are kept by trucking firms. It goes beyond the scene of the accident. You will need to locate documents such as the driver’s logbook detailing their hours worked, vehicle maintenance records, and even data directly from the truck. This requires investigation and patience, but it’s all necessary to create a compelling argument.

Therefore, don’t be shocked if everything seems overwhelming if you’ve been in a vehicle accident. 

Identifying Liability in Truck Accidents

In truck accidents, the idea of carelessness is crucial to determining responsibility. To win in court, you must demonstrate that the other party:

  • Owed you a duty of care, for example, the truck driver had a responsibility to drive safely.
  • Violated that duty of care, for example, by speeding or operating a vehicle while drunk.
  • Caused the accident and the losses that followed (for example, the driver’s carelessness directly resulted in the collision and your injuries).

Here’s where things get tangled. In a typical car accident, usually, it’s just between the drivers involved. But in truck accidents, you might have to consider several parties. Let’s check this type of car accident liability:

  • The Truck Driver: Did they follow all traffic laws? Were they driving responsibly?
  • The Trucking Company: Did they ensure the truck was maintained properly? Were they pushing drivers to skip breaks to meet deadlines?
  • Equipment Manufacturers: Was there a mechanical failure? Was the truck or any part defective?
  • Cargo Loaders: Improper loading or securing cargo might cause an accident by affecting the stability of the vehicle.

For example, let’s say there’s an accident because a truck’s brakes failed. If the brake failure stemmed from poor maintenance, the trucking company might be liable. But, if the brakes were defective right out of the box, the manufacturer of the brakes could be at fault.

How to Handle a Truck Accident

In the event of a truck collision, taking the following actions can assist in safeguarding your legal rights:

  • Seek Medical Attention: The most important thing is your health. Obtain a medical assessment to record your wounds.
  • Collect Proof: Snap pictures of the accident site, the damage to your car, and any obvious injuries. Compile witness statements and submit a police report.
  • Speak with a Lawyer: A skilled personal injury lawyer with a focus on truck accidents can manage intricate legal matters, handle legal paperwork, and fight for the money you are entitled to.

Navigating Insurance Issues

How to handle car accident insurance issues? After a vehicle collision, handling insurance is difficult enough, but dealing with truck accidents is more difficult. Why? Trucking businesses frequently own their insurance, which might cover a variety of accident-related expenses, including harm to the driver and damage to other vehicles and property. You could have to deal with this insurance provider if you are in an accident with a truck, which can be a scary situation.

Imagine that a truck sideswipes you on the Trans-Canada Highway because the driver fell asleep behind the wheel. You would assume that the truck driver’s fault would be obvious, right? However, the insurance of the trucking firm may argue that the driver was an independent contractor rather than an employee in an attempt to transfer responsibility.

The Role of Personal Injury Lawyers

Personal Injury lawyers can help in this situation. Their expertise is in understanding these complex situations. Due to the large insurance companies’ resources and skilled legal staff, they can assist in identifying all parties responsible and manage talks with them.

If you sustain injuries in the aforementioned situation, you should consult with a legal professional in traffic law and automobile accident responsibility. A skilled personal injury lawyer will make sure that your rights are upheld and that you receive the full amount of compensation due, including not just your medical bills but also any lost income and other losses.

Choosing the Right Lawyer

There are online lawyer marketplaces and directories where you can find lawyers specializing in truck accidents. These platforms allow you to compare different lawyers based on their experience, client reviews, and their success in similar cases.

Lawyers can:

  • Look into what caused the accident and determine who is responsible.
  • Create a compelling argument, and gather and evaluate evidence.
  • On your behalf, deal with insurance companies.
  • Negotiate a just settlement or, if needed, act as your legal representative.

Accidents involving trucks may change a person’s life. If you need legal help, subscribe to LawVo. 

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