Potentially Liable Parties
The party liable for the truck accident may include:
The Truck Driver
The driver of a commercial truck or 18-wheeler may hold liability in an accident if he or she;
- Breaks the law
- Lacks proper training
- Drives distracted (texting, on a phone call, or changing the radio station)
- Performs poor vehicle maintenance
- Drives while fatigued
- Consumes drugs or alcohol
The Trucking Company
The company that hires a driver may be held responsible due to the following reasons;
- Incomplete or improper safety inspection
- Setting unrealistic expectations, pushing the driver to meet delivery deadlines
The Truck Owner
Sometimes, the owner of the truck may be responsible for checking the engine, inspecting tires, brakes, fluids, electronic systems, and carrying out other necessary maintenance. If the accident was caused by a failure to do any of these, the truck owner might be held liable for your accident.
The Cargo Loaders
If the cargo loaders did not fully inspect and secure the cargo properly, they may be responsible when the equipment or boxes fall off and cause injury or damage to another person’s vehicle.
The Truck Manufacturer
In addition, the truck manufacturer or the company that manufactures the parts of the truck may be held liable if the accident was caused by a defect. For example, the truck parts could malfunction and cause faulty brakes, mechanical failure, or tire blowout.
What Steps Should You Take Next If You're the Victim?
Being involved in a truck accident can be a devastating experience. Here is what to do:
- Remain calm, and never let your emotions take control.
- Call emergency personnel and seek medical attention.
- Collect relevant information such as the trucker’s phone number, driver’s license number, and the name of the trucking company.
- Document all of your medical costs, treatments, and appointments.
- Retain a knowledgeable truck accident attorney to help you file claims.
What Steps Should You Take Next if You're Representing a Loved One?
Losing a loved one can be quite tragic. If you are representing a loved one who was incapacitated or lost their life from the truck accident, the right thing to do is to hire an experienced attorney to hold the responsible party liable for the personal injury or wrongful death. The attorney will help you file claims and pursue compensation for your medical expenses, funeral costs, or lost income.
Why Do You Need an Attorney?
According to statistics provided by the Colorado Department of Transportation (CDOT), there were 632 traffic deaths in 2018. Being involved in a truck accident or losing a loved one can affect you financially and emotionally. At Landry Law, P.C., we are dedicated to protecting the rights of truck accident victims. Our team will provide compassionate representation and help you pursue fair financial compensation for your injuries or loss. Our legal team will help with matters including:
- Carrying out a comprehensive investigation and gathering all the required evidence.
- Establishing case-value and liability.
- Communicating and negotiating a fair settlement with the insurance company.
- Fighting to ensure the right people are held accountable.
Even if you need to file a personal injury or wrongful death lawsuit, we will represent you aggressively in court. Having our attorneys on your side could increase your chances of receiving the best possible outcome.