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Trucking Accident Attorney: 18 Wheeler Accident Lawyer
Victimized by a trucking accident? Our experienced trucking accident attorneys are here to help.
Through tragic or catastrophic news stories, people understand that trucking accidents usually cause considerably more damage than regular passenger car accidents. What is less well known is the fact that, in legal proceedings when a victim seeks compensation through a personal injury or wrongful death lawsuit, trucking accidents are considerably different than car accidents. More information here
The most monumental mistake victims of trucking accidents can make is to approach a trucking accident claim in a similar fashion as a car accident claim. In the legal world, the differences are staggering. Trucking accident attorneys in our firm offer the following informative article on why this is often the case, and why enlisting our legal help in your 18-wheeler accident case can be a beneficial first step in seeking compensation for your pain or loss. Got Injured In An Accident – CALL SHAW
The Big Difference: Multiple Liable Parties
One of the main and most significant of differences between semi-truck accidents and passenger-vehicle only accidents is the likely involvement of multiple liable parties in 18-wheeler wrecks. While there can sometimes be multiple defendants in passenger vehicle only accidents, such a scene occurs much more often in collisions involving 18-wheelers. This occurs because trucking companies can be held vicariously liable for their drivers’ negligent behavior under the legal notion of “respondeat superior.” Furthermore, trucking companies are required by state law to have insurance coverage on their drivers and truck. What this means is that, more often than not, an 18-wheeler accident that causes an injury or loss of life will have, at the very least, three liable parties, or defendants: the driver, the driver’s employer, and the employer’s insurer. When a trucking insurer becomes involved, 18-wheeler accident cases take on a noticeably more challenging aspect in regards to successfully litigating a personal injury or wrongful death claim against the trucking company.
Furthermore, there can be even more liable parties depending on the specifics of the accident. If cargo falls off of a tractor-trailer, or a load shifts within a semi-truck’s hold and causes an accident, an outside cargo-loading company, if used by the trucking company, can be held partially liable for any resultant injuries or deaths. If a truck crashes into an overpass and causes an injury or death because the driver was following a prescribed route as planned by an outside route-planning company, that company could be held partially liable. If a mechanical failure occurs, such as a brake failure, then the manufacturer of that part could be held partially liable. If an 18-wheeler driver is drunk, dram shop law allows for the alcohol-serving establishment to be held liable if proven of negligence in their care for their patron or for public safety. Additionally, if another driver or entity caused the 18-wheeler accident, that driver or entity could also be held partially liable. With so many possible liable parties, ensuring that each one is properly identified is a vitally important step towards seeking full compensation for your injuries or loss. When our Law Offices take an accident case, we will conduct a thorough investigation into the accident scene so that the truth of the cause of the accident is known and all liable parties are brought to justice.