Who is Liable for Your Personal Injury in a Commercial Truck Accident?
Truck Driver Responsibility
When it comes to identifying who is liable for an accident involving a commercial truck, the driver of the vehicle is the first place to look. Truck drivers must adhere to state laws and regulations when operating their vehicles on public roads, as well as abide by any safety protocols that their employers may have in place. If a driver is found guilty of negligence or recklessness while operating their truck, they can be held responsible for any damages or injuries that result from the accident. Common examples of driver negligence include distracted driving, speeding, failure to follow traffic signs or signals, and improper maintenance of their vehicle.
The company that employs a truck driver can also be held responsible if they are found to be negligent in some way. This could include inadequate training of its employees or a lack of oversight into their work habits and driving practices. Employers must ensure that all drivers in their company are trained and certified properly before being allowed on the road with a commercial truck or vehicle. Employers are also required to provide regular inspections of their vehicles to ensure they are safe for use on public roads.
Negligence and Recklessness
Both drivers and companies can be held liable for engaging in reckless behavior when it comes to accidents involving commercial trucks or vehicles. Negligence occurs when someone fails to act in accordance with certain standards placed upon them by either law or general duty of care, whereas recklessness is when someone knowingly disregards those standards without regard for potential consequences such as injury or damage. In these cases, determining liability can become more complex since there may be multiple parties at fault depending on how severe an accident’s repercussions were.
Statute Of Limitations
It’s important to note that filing a claim against a liable party should be done within a specific amount of time after an accident has occurred. Every state has different statutes governing personal injury cases involving commercial trucks or vehicles which set limits on how long victims have to seek due compensation for their damages and losses incurred during the incident before legal action becomes barred by law. It is essential that you understand these laws so you do not miss your chance at seeking justice from those responsible for your suffering following an accident with a commercial truck or vehicle.
Consult An Attorney
Before accepting any offer from the trucking company or insurance company, you should consult an attorney. Injuries, medical care, property damage, and lost wages may not be fully covered by the settlement they offer.
At the Kanthaka Group, we have experienced truck accident attorneys and staff that will guide you through the legal process of recovering from an accident. Please call 719-633-2222 to arrange a FREE consultation with one of our attorneys today.