In most cases, driving alongside commercial trucks, tractor-trailers, and 18-wheeler semi-trucks is inevitable. Unfortunately, in case of an accident involving a huge commercial truck and a smaller vehicle, the latter is more likely to experience massive destruction while the driver sustains severe injuries. In such a case, it’s crucial to determine the liable party for the victim to get fair compensation.
Unfortunately, determining liability after a commercial truck like United Parcel Service (UPS) accident isn’t a walk in the park. Many factors can lead to an accident, and they should all be checked to avoid blaming the wrong person. However, a reputable and experienced truck accident attorney can easily review the accident and determine liability. Therefore, hiring an attorney is advisable to help you handle the case professionally.
Once you’ve hired an attorney, there are some questions you need to ask to prepare yourself for the process. Among these questions are:
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- What will happen if I’m found liable?
- Can I sue UPS for personal injury?
- How long will it take to determine liability?
The answers to these questions will help you understand the process and provide helpful information about the accident to prove you aren’t to blame for the accident.
Factors Unique To Truck Accidents
After an accident, the other driver must provide evidence that the truck driver failed to honor traffic laws to be determined as the liable party for the accident. On the other hand, if the truck driver thinks they aren’t at fault, they, too, must provide evidence separating them from fault.
Since every party involved in the accident will provide evidence to prove they aren’t liable for the accident, an attorney will commence investigations to determine if the provided evidence is enough to exonerate or hold one accountable. At this point, the attorney might need to speak to witnesses or use surveillance footage to determine if any accusations are true.
Unlike other vehicle accidents, commercial truck collisions might differ for several reasons. For example, commercial trucks are restricted to the number of hours and time they should be on the road. Such regulations are put in place for safety reasons since driving heavy vehicles for prolonged hours can lead to fatigue, interfering with how a driver drives. If an accident occurs during restricted hours, the truck driver might be held liable for the accident.
Truck drivers have additional safety rules to adhere to when sharing roads with other motorists. For instance, they should avoid overloading the truck, account for significant turn radius, and ensure the cargo is secured correctly. In the event of an accident and it’s determined that the truck driver failed to adhere to these rules, the case might be termed as negligence, and the driver might be held liable.
The Potential Responsible Party
While most people might think that the only people with a high chance of being found liable for truck accidents are the drivers, this is far from the truth. Other parties can also be found at fault and charged for playing a role in the accident.
For example, the manufacturer can be liable for a truck accident if it occurs due to the vehicle’s defect. On the other hand, suppose the accident occurred due to cargo falling off the vehicle because of weak ropes and pulleys. In that case, the manufacturer of these items can be found liable.
If the agency hiring truckers fail to perform regular inspections and it’s determined to be the cause of the accident, the agency might be liable for the accident. In short, everyone involved with the truck in one way or the other might be liable for the accident if they’re found to fail on their part.
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When Is The Driver Found Liable?
A commercial truck driver can hold liability for several reasons. For example, distraction, drug or alcohol use, driving for too long without resting, and breaking traffic rules can all be used against the driver. In such an event, the driver remains accountable for damages and injuries following the accident.
The Trucking Company
In most cases, companies hiring truckers are responsible for accidents. However, proving this might be difficult unless an attorney proves negligence on the trucking company’s side. Some examples of a company’s negligence include unfinished inspection, not adhering to safety rules, and pushing drivers to work for extended hours.
The Truck Owner
If a commercial truck involved in an accident belongs to an individual, the owner might be liable even if they don’t drive the truck. The truck owner should regularly inspect the truck, check if the engine is functioning as it should, and change auto parts that aren’t functioning correctly. In an accident resulting from worn-out parts, the owner might be found liable and compelled to compensate for personal injuries and property damage.
Commercial truck accidents are devastating. They cause massive property destruction and severe personal injuries that can turn fatal.
Once the accident has happened, what follows is determining liability. According to the information above, anyone involved with the truck can be found liable for an accident. On the other hand, other motorists can also cause a commercial truck accident. For this reason, it’s vital to hire a reputable accident attorney to handle the case and find the perpetrator.
Remember, adhering to traffic safety rules can lower the chances of accidents, saving one from lengthy procedures of determining liability and hefty fines.