Due to the truck’s size and weight, several calamities can occur in a truck accident. There can be many reasons why truck accident cases are on the rise; the main factor is negligence. After you are involved in a truck accident, you will be faced with property damage, financial debt, medical expenses, and even funeral expenses. But is it possible to sue the responsible party? Contact Sherman Oaks truck accident lawyers and get every detail about suing the responsible party after a truck accident.
How can I sue the responsible party after a truck accident?
The possibility of suing someone after a truck casualty depends on your insurance requirements in the state you belong to. In a no-fault state, the insurance company will pay for property damage and injuries, regardless of who was at fault. But, if the damages exceed the policy’s maximum amount, you can seek compensation from the responsible party.
In the case of at-fault states, the insurance company will determine who was liable for the accident, and they will pay for the damages you suffered. This allows the resident to pursue litigation against the responsible party for the accident, especially when the responsible party does not have sufficient insurance to pay for the damages.
If you are unaware of state insurance laws, it is best to contact an experienced truck attorney.
How to establish liability in a truck accident?
To establish liability, your lawyer must investigate the accident and collect the proof required to hold the right party responsible. The investigation includes the following parts:
- Speaking with witnesses
- Going through the truck driver’s logbook
- Getting the police report.
Once the evidence is gathered, a clear picture will be generated of who was responsible for the accident. Unlike car accidents, there can be several parties involved in the truck accident, such as:
- Truck driver
Several parties can be responsible for a truck accident, but the first and foremost is the truck driver. The truck driver might have broken the law during the accident, such as driving under the influence, or it could be a mechanical issue. It can be something simple as checking their phone at the wrong time.
- Trucking company
You can hold the trucking company liable. For instance, if the truck company has overstuffed the cargo in the trailer. As a result, when the truck trailer took a corner, the load was not balanced and caused the truck to roll over. The fault will lie in the company that loaded the trailer.