Accidents that involve large commercial trucks such as 18-wheelers or semi-trucks often cause catastrophic injuries and damage. In fact, The Federal Motor Carrier Safety Administration data indicates that large trucking accidents actually cause ten times the amount of serious injuries and fatalities as typical passenger vehicle accidents. In many cases, making a determination regarding liability in a trucking accident proves to be extremely complicated and legally complex. If you suffered any injuries or losses as a result of a trucking accident, you may have the right to sue multiple parties in order to receive compensation for your injuries and losses.
Federal Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency charged with governing the trucking industry. Their rules and regulations establish concrete guidelines by which truck drivers and trucking companies must operate in order to ensure the safety of everyone on the roadways. Unfortunately, in many cases, truck drivers and trucking companies fail to follow these guidelines and regulations leading to serious accidents.
Liability in Trucking Accidents
There are many reasons a truck accident will occur, and every accident will have its own unique set of facts and circumstances. Making an accurate determination regarding liability in a trucking accident case can be legally complex. The following parties could have responsibility to pay for a victim’s injuries and losses following a trucking accident:
- The truck driver
- The trucking company
- Another motorist involved in the accident
- The owner of the commercial truck or trailer
- The company or person that leased the commercial truck
- The person or company responsible for loading the truck’s cargo
- The manufacturer of any large truck’s defective part or component
In some cases, a victim has the legal right to pursue compensation from more than one of these entities.
How Determination of Liability Occurs
First, a victim should have an independent investigation done on the trucking accident. Most personal injury attorneys have the ability to conduct an independent investigation in order to help determine liability. Additionally, an experienced trucking attorney will know that a spoliation letter needs to be issued in order to preserve all evidence and prevents the trucking company or truck driver from destroying the evidence such as logbooks, records, maintenance schedules, hours of service logbooks, etc. The victim will also need to examine the police report and determine if the truck driver received any citations for failing to obey road signs or driving while under the influence of alcohol. There are many reasons that a trucking accident can occur, and a full investigation will assist a victim in understanding which parties remain legally liable to compensate them for their injuries and losses.
Contact an Experienced Trucking Accident Lawyer
If you suffered any injuries or damages as a result of a trucking accident, you may feel overwhelmed as every party will typically blame another party and attempt to remove themselves from any responsibility or liability with respect to the accident. You have the legal right to receive compensation for your injuries and losses related to someone else’s negligence. Contact the Dan Pruitt Law Firm to visit with an experienced trucking accident attorney and learn how to protect the legal rights and ensure your legal right to receive compensation for your injuries and losses. Contact us online or at (864) 280-7660 today for a free consultation.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.