How to Determine Liability When Injured in a Truck Accident

How to Determine Liability When Injured in a Truck Accident

The injuries caused by truck accidents are often devastating. The severity of your injury will depend on the force of the impact, which vehicle you were in at the time, and what part of your body was injured.

If you experience any injury following a collision with a commercial motor vehicle (CMV), it is crucial to seek medical attention immediately for your safety and others.

You may also want to contact an attorney specializing in personal injury law to help with filing claims against drivers or companies involved in these types of crashes.

They can give you advice on how to get compensation for expenses like medical bills, property damage, lost wages due to missed workdays, pain and suffering damages, or even punitive damages if negligence was proven.

Truck Accident
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Accidents Involving Trucks

There are two main types of accidents involving CMVs, which lead to injuries. The first type is called a single-vehicle accident, in which only the commercial vehicle collides with another object or person.

A second type is a multi-vehicle collision or crash when more than one motor vehicle interacts while on the roadway.

Who Is at Liable in a Single-Vehicle Accident?

When it comes to single-vehicle accidents, if you were in a passenger car or truck and the other driver is at fault for the accident, then they will be liable if:

  • The vehicle does not stop at an intersection and collides with your vehicle;

  • Another motorist does not obey traffic laws and hits your vehicle from behind; or

  • The driver of a commercial truck is making an illegal turn and crashes into the side of your car.

You will need to show what happened with evidence such as pictures, eyewitness testimony, police reports, or medical documents to prove liability.

Your attorney will be able to help you gather this evidence and prove that the other driver or company is at fault for your accident.

Who Is Liable in a Multi-Vehicle Accident?

It can be difficult to determine liability in a multi-vehicle accident because several people may have been involved in causing it. In some cases, multiple drivers may have been negligent. For example:

  • A trucker does not slow down to let a car merge into their lane;

  • The driver of one vehicle swerves around another and loses control, resulting in an accident with the CMV; or

  • After driving down the road, a driver finds their vehicle stuck in the mud and sees an oncoming truck. He pulls out of the way, but loses control of their car or hydroplanes due to excessive speed and crashes into another motorist.

In most cases, you will need to file claims against multiple companies involved with these types of accidents related to negligence.

For example, if the truck driver was not properly trained on how to operate the vehicle or had poor driving records, then their company should be liable for your damages as well.

How Do I File a Claim?

To file a claim against any of these parties after an accident has occurred, you will need to work with an experienced attorney like Benson & Bingham. They will be able to help you build a case against the other driver, their company, and any other companies whose negligence contributed to your injuries.

Your lawyer can also assist you in filing for personal injury protection (PIP) from your insurance provider if this is available through your policy. This type of coverage will pay for medical costs and other damages immediately following an accident, which can help you avoid incurring debt.