If a reckless commercial driver or someone else caused your accident, you have the right to recover your losses from them. While the semi-truck driver is usually liable, other common at-fault parties include the trucking company, vehicle manufacturer, and loading or maintenance company.
At Zanes Law, we understand how a traffic accident can change your life. Our experienced truck accident lawyers in Phoenix, AZ, will identify who is responsible for the collision so you can claim damages. Call our personal injury law firm today to schedule a free case evaluation.
As a Semi-Truck Accident Victim, You Can Claim Damages From At-Fault Parties
Truck accident cases tend to be more complex than standard car crashes, partially because more parties can be involved. Determining the responsible individual is not always easy; nevertheless, it is essential to help you seek damages.
Semi-truck drivers have a responsibility to ensure the safety of themselves and others on the road. Failure to do so can lead to facing liability for the crash.
Long hours behind the wheel, often dictated by tight schedules and demanding delivery timelines, can lead to exhaustion and diminished alertness. Fatigue impairs a driver’s ability to react quickly to changing road conditions, increasing the likelihood of accidents.
The driver may be liable if they engage in reckless driving or break traffic laws:
- Distracted driving
- Driving under the influence (DUI)
- Failure to yield
- Running red lights or stop signs
- Following too closely (tailgating)
- Drowsy driving
- Improper lane changes
Inadequate hiring and training practices that lead to an unqualified driver can make the company responsible for a crash. If the company enforces unrealistic delivery schedules that encourage drivers to exceed safe driving hours, they may be liable for accidents caused by driver fatigue.
Going up against the trucking company without legal representation is intimidating. These companies typically have resources and legal teams to protect their interests. Working with an experienced personal injury lawyer can level the playing field.
If a defect in the truck’s design or manufacturing contributes to the accident, such as faulty brakes, engine issues, or structural weaknesses, the manufacturer may be held responsible. Additionally, if there’s a failure to provide clear instructions or warnings about the vehicle’s limitations, the manufacturer could be liable for accidents resulting from misuse.
A product liability attorney will investigate in detail how the manufacturer’s error led to a crash. This involves delving into the specifics of the manufacturing process, design aspects, and any lapses in quality control that may have resulted in a defective vehicle.
Liability may arise from improper loading practices, exceeding weight limits, or failing to secure the cargo adequately. If the cargo is unevenly distributed or overloaded, it can affect the truck’s stability and handling, increasing the risk of accidents.
Additionally, if the loading company neglects to secure the cargo with appropriate restraints and ties, it may lead to cargo spillage on the road, creating hazardous conditions for other motorists.
If the maintenance company fails to perform regular and proper maintenance on the semi-truck, leading to mechanical failures, they may be held responsible for any resulting accidents. Negligence in inspecting and repairing critical components of the truck can directly impact its safe operation on the road.
Furthermore, if the maintenance company is aware of safety issues but fails to address them promptly, they could be liable for accidents that occur as a result of these unresolved problems.
For a free legal consultation, call 866-499-8989
How to Identify the Liable Party After a Semi-Truck Accident?
Determining the liable party is essential for knowing who to pursue after the crash. However, this can be a challenging task without legal assistance. An experienced semi-truck accident lawyer will investigate the scene and all available evidence to identify who was responsible.
To identify the at-fault party, your lawyer will:
- Conduct a thorough investigation: Analyze the accident scene, collect witness statements, and review police reports to piece together the sequence of events leading to the crash.
- Examine driver actions: Assess the truck driver’s behavior, adherence to traffic laws, and compliance with safety regulations to determine if negligence or recklessness played a role.
- Evaluate maintenance records: Review maintenance logs and records to identify any lapses or negligence in truck maintenance that might have contributed to the collision.
- Investigate the trucking company: Investigate the trucking company’s policies and practices, including driver training, scheduling, and safety protocols, to uncover any issues that may have led to the accident.
- Consult experts: Engage professionals such as accident reconstruction experts, engineers, or manufacturing specialists to assess the technical aspects of the accident, especially in cases involving manufacturing defects.
How to Prove Liability After a Semi-Truck Crash?
To increase the chances of a successful outcome for your case, a truck accident lawyer will build an evidence-based case that clearly shows the defendant’s liability. This also involves presenting a compelling narrative that establishes a direct link between the at-fault party’s actions or negligence and the resulting crash.
To prove liability, your attorney will have to prove the following key elements of negligence:
- Duty of care: The at-fault party, whether it’s the truck driver, the trucking company, or the manufacturer, owes a duty of care to ensure the safety of others on the road.
- Breach of duty: The defendant breached their duty of care through negligent actions or failure to adhere to safety standards.
- Causation: There is a direct link between the breach of duty and the semi-truck accident, proving that the negligent actions or omissions were a substantial factor in causing the crash.
- Damages: The victim suffered damages as a result of the accident, including medical expenses, property damage, lost wages, and pain and suffering.
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Zanes Law Can Identify Who You Can Claim Damages From After a Semi-Truck Accident
After a semi-truck accident, it can be difficult to determine who is responsible for the damages and from whom you can claim compensation. However, Zanes Law is experienced in personal injury cases involving semi-truck accidents and can help you identify the parties that may be held liable.
With our assistance, you can navigate through the legal process and seek maximum compensation. Contact us to discuss more about your financial recovery.