Being in an accident with a truck is a terrifying event. Afterward, it can be difficult to recover damages. Unlike a simple car accident, it can be a challenge to determine liability.
An accident with a truck means irreparable harm to your car. There are also some injuries that you might not be aware of until later.
Proving liability in a truck accident
Sometimes the accident is the driver’s fault. Even if the accident is not your fault, liability depends on the type of driver who drove the truck. There are three different kinds:
- Independent truck owners who haul their own goods
- Drivers who own their own trucks and lease them or work as an independent contractor
- Drivers who are employees of a trucking company
To determine liability, you will need to see the truck driver’s contract that he has with the company. If the truck driver is at fault, the company may still be liable. For instance, if the company required the driver to travel for long hours.
Other factors that determine liability
When someone does not load a truck the right way, it may cause an accident. Poor vehicle maintenance might also be a factor. In such cases, the trucking company may be liable. Or if a component on the truck went out, you could successfully sue the manufacturer of the part.
Be careful if the truck driver works for a large company. The insurance for that company will want a quick settlement that is low. It will not be in your best interest. In that case, you are better off going to court.