The commercial truck accidents are quite different from that of the accidents that involve the usual passenger cars. The commercial trucks are often owned by some transportation or trucking companies, who are liable for bearing the cost of compensation, if their trucks meet with an accident. The victims of the accident, such as the small passenger car travelers or common passersby, can file a lawsuit against the liable party to force them to pay the compensation amount.
But that is again a long process, and people might need a proficient trucking accident attorney in order to take control of the situation, and help the complainant get the compensations he/she needs.
The Need for Hiring a Trucking accident attorney for Dealing with the Situation
Most of the individuals question the lawyers about, whether there is a necessity for lodging a case against the truck driver and the company, if they are providing compensation by themselves. The answer to it is yes! Firstly, you shouldn’t take compensations from them directly, because their idea is to sweep away from the case at the minimal compensation. Upon legal terms, you might be eligible for getting an even bigger compensation for covering your medical expenses, property damage and still have some of it as a repent for your pain and suffering.
Therefore, never agree to take their compensations directly without legal procedures. Moreover, the trucking companies have a tendency to put up the blame on passenger cars and SUVs to get rid of the hassle of paying the compensation fees. And for that, they will try to complicate the case to the best means possible. It is to frustrate the victim and force him/her to withdraw the case. Therefore, it is important to seek help from trucking accident attorney, as he/she will counteract upon every complication that the defending lawyer puts up.
Parties Responsible for the Cause of Truck Accident
Now that you have understood the necessity of a trucking accident attorney for taking up the truck accident case on legal procedures, it is time for you to get an idea of the liable parties who will be held responsible for the accidents.
1. Manufacturer of Truck and its Parts
The manufacturer of the truck and its parts is the prime culprit to leave loopholes for such big transportation vehicles. At times, some of the truck parts are malfunctioned because the built or manufacturing process wasn’t optimal and were installed with known flaws. It is a very serious case, where the negligence of manufacturers could have taken the life of truck drivers and others involved in the accident.
Therefore, the manufacturer of truck and its parts is to be held primarily liable, if the cause of accident has something to do with the compromise of truck’s mechanical functions. In such cases, the compensations will be paid by the manufacturer to the victim.
2. Cargo Owner
If the truck driver was negligent and was not obeying the duty rules by doing distracted driving, eating/drinking while driving, and others, then the cargo owner is liable for the accident and for paying the compensations. The cargo owners should train the drivers about the blind spots of the vehicle, possible accident instances that could occur, and the road & driving rules for transit trucks. It is their responsibility to do sensible hiring of drivers and allot them trucks, only when they are ready.
Therefore, in case there is any kind of driver’s fault that showcases negligence, then the cargo owner will be responsible for the accident. In such scenarios, the cargo owner will be paying the compensation to the victims.
3. Government Contractors for Highway Maintenance and Design
At times, the accident is caused not because of the truck or its driver, but due to poor highway design and lack of its maintenance. Big trucks need good roads in order to increase speed and control it over different road scenarios. But with poor road construction, it becomes truly difficult for big truck drivers to control the vehicle at the time when they actually need it. Big trucks also have brake lag that slows down the brake engagement upon hitting it.
Due to poor roads, the big trucks often get imbalanced and meet with disastrous accidents. Any vehicle in the surrounding space gets affected as well. In such cases, the government contractors for highway designing and maintenance are held responsible for the accident. The trucking accident attorney will file a claim against the contractors to make them pay the compensation amount, after the verdict in court.
These are the parties who will possibly be responsible for your truck accident concerns. You can learn more about it by getting in touch with the best attorney who can handle your case. It is not mandatory to have a lawyer only after the accident, but you can hire them even before it, just like you do with the insurance.
Greg Baumgartner handles truck accident lawsuits for victims of truck accidents in Texas. He is an expert Texas Truck Accident Lawyer with an exemplary track record.