Commercial trucks are noticeably larger than other cars and trucks on the road. That’s why when you’re in an accident that involves a large truck, you will most certainly experience more damage and injuries than you would in an accident with another car.
If you or a loved one were hurt in a commercial truck accident or your vehicle is damaged due to the wreck, there are several things you need to know about getting a fair settlement. One of the things you should be aware of is the fact that some truckers will try to deny liability after an accident.
Laws Pertaining to Truck Driver Conduct
There are state and federal laws that regulate the trucking industry. These laws come from the U.S. Department of Transportation (DOT) and the FMCSA, or Federal Motor Carrier Safety Administration. All professional truckers are expected to follow the standards and rules set by the industry.
The laws also help to determine who is liable in a commercial truck accident. Every state has a Department of Transportation branch to enforce intra-state laws for commercial truckers.
Proving Liability In a Truck Accident Case
To win your truck accident settlement, you’ll have to prove that the trucker and the truck driver’s employer are responsible for medical care and vehicle damages. Because of “vicarious liability,” the trucking company is liable for any accident the trucker gets into during business hours or the trucker’s shift.
You can prove that the trucker was at fault if the truck driver broke the law while on the road. This automatically verifies that the driver was being negligent, which means you’re entitled to a settlement. If you can verify that the driver was drunk or under the influence of drugs while driving, you’re entitled to compensation.
If the driver was sober and you can’t verify that the trucker was breaking the law at the time of the accident, you can work with a lawyer to prove that the trucking company hired an unqualified driver. For instance, if you can prove that the company hired a driver with a criminal record, bad driving record, or drunk driving charges, you can use this information to win your case.
You’re more likely to win your settlement if the trucking company did not conduct a background check on the driver to obtain this information.
How Truckers May Deny Liability
To improve the chances that you’ll get compensation for your truck accident, it’s best to file a claim with the trucking company’s insurance provider. However, trucking companies will do all they can to deny liability, so be prepared for the process of receiving compensation to be challenging, especially if you don’t have a lawyer.
Trucking companies may try to deny that the driver is an employee of the company. Some truckers are independent contractors and some are employees. When a driver is in an accident, the company may try to switch the driver’s status from “employee” to “contractor” to avoid paying a settlement.
In some instances, trucking companies will try to blame you, other drivers involved in the accident, or construction crews who were working at the accident site. This is why having a lawyer is so important. You need a legal professional who can see through a company’s tactics and get you and your loved ones the money you deserve.
A truck accident case requires strategic representation from a dedicated attorney. It’s important to get as much information as you can to present to your lawyer to increase your chances of winning your case.
When insurers and trucking companies know you’ve got a qualified lawyer working on your behalf, they are more likely to settle quickly and provide fair compensation to avoid any hassle. Contact an attorney today for a consultation and to go over the details of your truck accident case.
