In order to understand automobile insurance to its fullest intent, it is important to know what different types of lawsuits exist. One such lawsuit is a truck accident lawsuit. These types of truck accident lawsuits can be very tricky and here’s why. Trucks in this type of lawsuit can mean delivery trucks, semi-trucks, cargo trucks, and even tractor and trailer tracks. These trucks are heavy and cannot stop on a dime so accidents are going to happen so often.
How Is Fault Determined in a Truck Accident?
Thus, you may be wondering when an accident occurs that involves a big truck such as those listed above, who would be at fault? In many cases, the trucks are normally the one that takes the blame because again, it is hard for them to just stop suddenly. With any accident, police investigate, eye witnesses give their statements, and reconstruction of the scene is sometimes necessary to determine the details of the accident.
There is also the much-appreciated dash cam that sits on many driver’s dashboards to capture things that may happen in a blink of an eye. Some companies that work with commercial trucks will require these types of cameras be placed in their trucks so they can also be aware of what happens when an accident occurs involving a big truck.
Who is Liable for the Injury?
Truck drivers can be held liable, if the accident that occurred was intentional. They can also be held liable, if the driver was considered an independent contractor. If the commercial vehicle driver can provide proof that the accident was not on purpose, then the employee of the company they work for could be found liable for the accident instead. In many cases, the owner of the company of the truck could be held responsible because of the following:
Encouraging a driver to drive unsafe in order to fill an order
Forcing their drivers to be on the road well past the hours they are permitted to be on the road in order to make a delivery on time. Hiring particular drivers with conducting an in-depth criminal background check that the individual is drug and alcohol free.
Common Causes of Accidents
There are many reasons why an accident occurs which makes them very hard to predict and prevent however, the most common causes reported includes:
• Driver fatigue
• Weather conditions
• Deer crossing the road in front of a vehicle
• Lane drifting
• Tire blowing out
How Can You Prove Negligence?
When you have been involved in an accident, your Personal Injury Lawyer in Lindsay will want to provide enough proof that your accident was caused by someone’s negligence. In order to do that, you will need to establish who is guilty and without any doubt. This can sometimes be hard to do but every accident has its own proof.
The driver of the truck will most likely say he/she is innocent and therefore, you will need to provide proof that they did in fact cause the accident. You will need to establish this sometimes to the judge and jury in order to win your case.