If you’ve been injured in a collision with an 18-wheeler, you’re probably confused about who should be held liable for your medical bills, lost wages, and suffering. Fortunately, a Ponca City truck accident lawyer can review the details of your case, conduct an investigation of the crash, and determine who you should take legal action against.
The attorneys at BDIW Law have over 65 years of combined experience representing truck accident victims like yourself. They’ll be able to determine whether the truck driver or the trucking company is responsible for your truck accident. Once they’ve figured out who should be held liable, they can pursue maximum compensation for the losses you’ve incurred.
Factors that Can Affect Whether the Driver or Trucking Company Is Responsible
When determining whether the truck driver or their employer should be held liable for your accident, an attorney will consider several factors. The following aspects of the accident will help your lawyer figure out who should be held responsible for your bills and losses:
The Cause of the Crash
When your attorney investigates the collision you were involved in, they’ll collect evidence and work with accident reconstructionists to determine what caused the incident. If they find that the crash was caused by a truck malfunction resulting from the trucking company’s failure to keep the vehicle well-maintained, they’ll likely pursue damages from the company.
However, if your lawyer finds that the truck driver’s negligence contributed to the accident, they might file a claim against the driver.
The Driver and Their Actions
Trucking companies are expected to vet and train their employees properly and as a result, are often held responsible for the actions of their drivers. That said, truck drivers are sometimes held responsible for accidents if they break the law or if they aren’t directly employed by the trucking company.
For example, if the driver was speeding, intoxicated, texting while driving, or breaking the law in another way during the time of the crash, they’ll likely be held responsible for your accident. They can also be held liable if they work as an independent contractor for the trucking company.
The Trucking Company’s History and Policies
It’s an unfortunate yet common practice for trucking companies to incentivize drivers to work long hours without taking the rest breaks they need to stay alert on the road. Your lawyer will look into the trucking company’s history to find out whether it has a history of overworking its drivers.
If your attorney finds that the company has a pattern of pressuring drivers to work for dangerously long stretches of time or if they discover evidence that shows the driver was unable to take a rest break, they’ll likely pursue compensation from the trucking company.
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SPEAK TO AN ATTORNEY TODAYOther Parties that May Be Held Responsible for the Truck Accident
In some cases, an individual or entity other than the truck driver and the trucking company is held responsible for a truck accident. Depending on the evidence your attorney finds during the investigation, they might file a claim against one of the following parties:
The Cargo Loaders
Semi-trucks must be loaded carefully, as any imbalances can cause a serious rollover accident. Poorly secured cargo can also detach from the vehicle and strike motorists driving behind the tractor-trailer.
If your accident was caused by poorly loaded cargo, your attorney will likely take action against the company responsible for loading the truck.
The Truck Maintenance Provider
The trucking company isn’t the only party that can be held responsible for truck accidents caused by lack of maintenance. If the maintenance company tasked with keeping the truck in good shape failed to perform a critical repair or replacement that ended up causing your collision, the maintenance company could be held liable for your injuries and financial losses.
A Truck Parts Manufacturer
If your attorney suspects that your truck accident was caused by a defective part, they’ll team up with an auto engineering professional to inspect the vehicle for poorly designed or manufactured parts. If they find evidence that shows a defective component caused the truck accident, they’ll work hard to hold the manufacturer responsible for the crash.
Another Driver
While many truck accident claims target trucking companies and truck drivers, sometimes they’re filed against other motorists who have no association with the truck involved. For example, if another driver veered into the truck’s lane and caused it to collide with your vehicle, the other driver may be held responsible for the damage caused by the incident.
How an Attorney Determines Who Is Responsible for a Truck Accident
As mentioned earlier, your lawyer can conduct an investigation to figure out who caused the crash. They’ll collect the following pieces of evidence to identify the liable party and prove that they should be held responsible for the losses and suffering that the truck accident has caused you:
- A copy of the police report
- Photos and footage of the collision
- Information from the truck’s event data recorder
- Witness testimony
- Testimony from accident reconstructionists
- Your medical records and bills
If your attorney is able to find enough evidence to support your claim or lawsuit, it’s likely that you’ll receive compensation for your medical bills, income losses, and vehicle repair costs. A successful case may also yield compensation for any physical pain or emotional distress you’ve experienced due to the collision.
How You Can Help Your Attorney Hold the Guilty Party Responsible for the Crash
Whether the truck driver, the trucking company, or another party is to blame for the crash, there are steps you can take to help your truck accident attorney identify the liable party and improve your chances of receiving fair compensation.
Here’s what you can do to help your lawyer:
Document the Accident Scene
If your injuries aren’t too severe, try to document the accident scene immediately after the crash. Take photos of the collision scene and any visible injuries you’ve sustained. You can also speak to nearby witnesses and ask if your lawyer can contact them for a statement.
Since it’s common for evidence to go missing or get destroyed after a crash, it can be extremely helpful to take a few moments after a crash to document the scene. Doing so can help your attorney hold the correct party responsible and obtain the damages you need to recover fully.
Seek Medical Attention
Once you’ve documented the accident scene, seek medical attention. If the insurance company or court finds out you didn’t get checked out by a doctor after the crash, they’ll likely suspect your accident wasn’t as serious as you claim.
Don’t Wait to Hire a Lawyer
Under Oklahoma Statute §12-95, you have two years from the date of your crash to file a civil suit. Failure to file on time could prevent you from getting a fair verdict. Contact an attorney today to ensure they have the time they need to hold the trucking company, the driver, or another party responsible for the accident.
Schedule a Free Consultation With a Truck Accident Lawyer from Our Firm
Determining whether a truck driver or a trucking company should be held responsible for a truck accident can be difficult unless you have a skilled attorney by your side. At BDIW Law, our lawyers have worked on countless truck crash cases. They have the knowledge and resources required to get to the bottom of your accident and obtain a fair settlement.
Contact us today to schedule a free consultation with a truck accident attorney. They’ll meet with you to discuss your case and advise you on your legal options. If they agree to take on your case, you can be confident that they have what it takes to achieve a favorable outcome.
