Truck accident injury claims can easily become a problem. You are injured and you need to take care of you. Then, you absolutely have to go through a complex legal procedure that can easily turn out to be very difficult to deal with. It is really important that you get help since several things might go wrong. For instance, do you know the answer to this question? How long to file a lawsuit after truck accident? You do need the help of an attorney and you should also know the following things about the truck accident injury claim.
Determining Fault Is Very Complex
In some cases, it is very simple to determine fault in truck accident cases. In others, things are very difficult. Determining liability can be very complicated and complex. Never file an injury claim without retaining attorneys with the necessary capabilities of actually investigating the case and creating a very good one. Every single party involved has to be identified to fully determine fault in truck accident injury claims.
Several Parties Could Be Liable
Truck collisions often include driver errors, according to statistics from the FMCSA. The problem is there are several different liable parties that could be included in these accidents. For instance, the employer of the truck driver might be liable in some situations. Direct liability appears when negligently supervising, hiring, or retaining incompetent drivers. It is even possible that the carrier is liable since it did not properly secure or load the cargo.
Trucking companies and drivers are just two of the parties who could be liable in truck accident cases. Some other potentially liable parties are:
- Third-party motorists.
- Distribution companies when cargo is improperly secured or loaded.
- Leasing companies when trucks are not properly maintained.
- Designers and manufacturers for defective parts.
- Government entities that are responsible for road maintenance.
You Could Still Receive Compensation When Partly At Fault
In most US states, you can file an injury claim even if you are partially responsible for what happened. However, in this case, you will only be able to be compensated for a percentage of what you lost. This applies when comparative negligence laws are in place. As long as it is not considered that your contribution is higher than 51%, you can receive damages. But, remember that the award is going to be reduced based on your assigned fault percentage.
Accidents Can Be Complicated
Last but not least, the last thing to remember is that claims can be very complicated. You might think the driver is the one clearly at fault when the truth is that fault for the accident is shared by several different parties. Also, dealing with insurance companies is very difficult because they are very good at minimizing how much they pay. Commercial insurers are very aggressive and do all they can to avoid liability.
Never file a truck accident injury claim without the help of a truck accident lawyer. You need help from someone with as much legal knowledge as possible.