Who can be held liable for a truck accident depends on the facts surrounding the collision. In most cases, there is at least one insurance company that is financially responsible for victims’ accident-related losses. A truck driver, trucking company, and motor vehicle manufacturer are other parties who may be liable for a truck wreck.
Victims will often look to insurance companies first for compensation. However, suing liable parties (like a trucking company) can also make sense in certain cases. You can have an Athens truck accident attorney review the facts of your accident and determine who is liable for your damages.
Understanding Fault and Liability for Truck Accidents
There are two legal terms you should understand as the victim of a truck accident, which are:
Fault
When someone refers to being “at fault” for a truck accident, they generally mean to refer to the party that directly caused the collision. Examples of at-fault parties may include:
- A speeding truck driver who rear-ended another vehicle
- A pedestrian who staggered into the road without right of way, causing a truck driver to swerve and strike another vehicle
- The manufacturer of a tire that exploded due to a defect, causing a multi-vehicle accident
These are all parties whose actions or failures directly caused an accident. If someone is at fault for a truck accident, they are also typically liable (financially speaking) for that accident.
Liability
When someone is “liable” for an accident, it generally means they are financially responsible for some or all of the cost of the collision. It can include parties that did not directly cause the accident but still have an obligation to pay for it.
Fault and liability don’t generally mean the same thing. For example, if a driver for a moving company speeds in their work truck and causes an accident, their employer is not at fault for that accident—the driver is. Yet, the truck driver’s employer is most likely liable for the cost of the accident, as is generally the case when an employee causes a collision.
Those Who May Have to Pay for a Truck Accident
Your truck accident lawyer will work to prove who is at fault for your accident—that is, who caused it. However, as the victim facing medical bills and an uncertain future, you may be even more concerned with who is financially liable for your damages.
Some parties that may have financial liability for your truck accident include:
Insurers
Despite the widespread scourge of uninsured drivers throughout America, the great majority of motor vehicle operators are insured. This is true of the trucking industry, which is highly regulated.
The victim of a truck accident may file a claim with:
- Their insurance provider
- A truck driver’s insurance provider
- A trucking company’s insurance provider
- The auto insurance provider for an at-fault pedestrian
Your lawyer will take an accounting of all available insurance options. They will ensure you file claims with the insurers who owe you compensation and then oversee the claims processes on your behalf.
One or More Trucking Companies
Trucking companies often have strict liability for their employees’ actions. This means that if a truck driver or another employee causes an accident, the trucking company may be on the hook financially.
Trucking companies can also be directly or indirectly at fault for an accident, which may affect how much financial liability they have. For instance, a trucking company may have a greater share of financial liability if it:
- Uses defective trucks
- Does not regularly inspect and provide service for trucks
- Fails to ensure drivers are qualified, alert, and in good health
- Engages in any other action or failure that leads to a collision
Trucking companies are typically required by law to have substantial insurance coverage. However, there are cases where suing a trucking company is the right strategy for an accident victim.
Individual Drivers
Individual drivers can be liable when they cause an accident. Their insurance provider may be the first line of compensation, but the diver may also be exposed to a lawsuit if circumstances call for the victim to file one.
Motor Vehicle or Component Manufacturers
If any kind of vehicle-related defect plays a role in a truck accident, the manufacturer responsible for the defective product may be liable for victims’ medical costs, pain and suffering, and other damages.
Municipalities
Municipalities (governmental bodies) may be liable for:
- Dangerous construction zones
- Debris in the roadway
- Defective traffic lights
- Absent traffic signs
- Inadequate lighting
- Absent, confusing, or inconsistent lane markings
- Other hazards that a municipality is responsible for
Though American roadways became safer over a multi-decade period, recent trends show less progress (and even suggest that roads may be getting more dangerous). Truck accidents are among the most dangerous events that can happen on the roadway. When such accidents happen, it is critical that victims get the money they need to heal and get their lives back on track.
How a Lawyer May Pursue Compensation for Your Accident-Related Damages
Each attorney has their style, strategies, and ways of helping clients. However, several duties are common among truck accident lawyers, and they are:
Managing the Day-to-Day of the Case
Completing a truck accident case requires the following:
- Paperwork
- Communication
- Appointment-making
- A host of other skills and duties
Your lawyer will be in charge of all case-related details. No client should take this for granted, as the slightest error can have substantial financial consequences.
Establishing Fault and Liability for the Victim’s Damages
Your lawyer will investigate the accident to determine both fault and liability. They may obtain a store of evidence that includes witness statements, photographs, videos, and expert opinions.
Proving Each of the Accident-Related Damages (and Calculating a Case Value)
A truck accident lawyer may prove your damages with the following:
- X-rays and other medical images
- Receipts for all work done on your vehicle
- Medical bills
- Doctors’ and mental health professionals’ testimony about health problems, treatments, symptoms, and costs
If you miss work, your attorney may also gather employer testimony, bank statements, and other documentation of professional harm.
Handling All Insurance Claims
Insurance claims are a natural response to traffic accidents of all sorts, and truck collisions are no exception. Your lawyer will:
- Help you file any claims you have not already filed
- Be your stand-in whenever dealing with insurance companies
- Help you make any necessary statements to insurers (even a seemingly minor error or misstep can have consequences)
- Seek a fair settlement offer from insurers (and review offers with you)
- Protect you from any bad-faith tactics from insurers
The insurance claims process can be successful, but it can also be hazardous. Let an attorney lead the way for you.
Leading Any Necessary Lawsuit
Time will tell whether you choose to sue one or more parties, such as a trucking company. You can decide with your lawyer—as the team you will be—whether filing a lawsuit is the right choice.
Should you elect to sue a trucking company or any other party, your lawyer will handle every step of the legal process. It includes representing you at trial, should your case lead there.
From Medical Bills to Pain and Suffering, the Cost of a Truck Accident Can Be Severe
One of the earliest questions you’ll hear from your lawyer is something to the effect of, “How has the accident affected you?” Each truck accident victim has a unique answer, as each collision, resulting injury, and human response to the accident is truly unique.
There are a few common types of harm that truck accident lawyers see often, though, and they include:
The (High) Cost of Accident-Related Medical Care
Emergency room visits and lengthy hospital stays are among the realities many truck accident survivors face. These services, along with a host of other diagnostic procedures and treatments, can mean high medical expenses for the accident victim.
Your truck accident lawyer will seek fair compensation for all the accident-related medical costs you face following the collision.
Harm to Your Career (Including Lost Income)
Most people need to be physically healthy, mentally alert, and emotionally stable to do their jobs. Truck accidents can, therefore, interfere with your career and possibly cause:
- Lost income
- Diminished earning capacity
- A stall in your career advancement (with lost promotions and missed job opportunities being examples)
- Missed chances for performance-related bonuses
- Lost benefits
Several factors may affect the cost of your professional damages. For example, losing your job or having to retire medically will likely cause higher professional costs.
Pain and Suffering
Some types of pain and suffering you may face because of a truck accident include:
- Acute physical pain
- Chronic pain
- Post-traumatic stress disorder (PTSD)
- Lost quality of life
- Scarring
- Amputation
- Sleep loss
- Anxiety
- Depression
Your truck accident lawyer will demand fair compensation not only for these and other forms of pain and suffering but also for any treatment you pursue in response to your pain and suffering.
Property Expenses
Examples of property-related expenses that can come from a truck accident are:
- Repairing a salvageable vehicle
- Replacing a totaled vehicle
- Paying for rideshare services, a rental vehicle, or other modes of temporary transportation
- Replacing personal items (such as clothing or a unique vehicle entertainment system) damaged during the accident
You may also receive compensation for the cost of travel to and from accident-related medical appointments.
Disabilities
Being disabled can intensify and extend the nature of your damages. Some unique challenges that disabled truck accident victims may face include:
- Losing physical abilities
- Losing cognitive abilities
- Being unable to work in the manner you did before the accident (which can mean losing career-related fulfillment or even losing the ability to work altogether)
- Having to relocate or update your residence
- Having to purchase medical equipment
- Requiring a caregiver
Family members are often affected by an accident victim’s disability, too, as they may have to take on a greater role as a caregiver.
Wrongful Deaths
There is no outcome of a truck accident that is more tragic than a wrongful death. If you have lost a loved one, there is an experienced and compassionate legal team ready to fight for justice—and a wrongful death demands a heavy measure of justice.
Some harm that often results from wrongful deaths include:
- Funeral costs, medical bills, vehicle repairs, and other expenses directly from the accident
- Loss of consortium, which can include non-economic harm such as the loss of a spouse’s companionship
- Loss of the decedent’s income and other forms of financial support
- Pain and suffering (which is particularly pronounced when you lose a loved one)
Every economic and non-economic damage counts when an attorney is seeking justice for truck accident victims.
How Much Does It Cost to Hire a Truck Accident Attorney?
There is generally no out-of-pocket cost to hire a truck accident attorney. Contingency fees are the standard pay structure for the type of lawyer you will seek, and this fee structure means:
- The law firm completes the case without receiving payment from the client
- The truck accident lawyer’s fee is entirely contingent on the outcome of the case—if the lawyer wins, they will receive a percentage of the money they secure for the client
- The client can trust that the law firm is invested in their case (because if the lawyer does not succeed, they are not paid for their time, effort, and resources)
With so much uncertainty after a truck accident, this low-pressure fee structure is what many clients need (and deserve).
When Should I Hire My Truck Accident Lawyer?
You shouldn’t wait to hire your truck accident lawyer for a few reasons. Evidence such as witness accounts and video footage tend to become less reliable and available with time, so your lawyer will want to gather such evidence as soon as possible.
If you or a loved one has been injured in a truck accident, an experienced Athens personal injury attorney will lead your case and obtain the compensation you deserve. There are also strict deadlines for filing claims related to truck accident cases, including a statute of limitations for filing a lawsuit. Research truck accident lawyers serving your area and hire the most qualified firm as soon as possible.