Who is liable if you get a brain injury in a truck accident? You should see an attorney for details specific to your situation. But you must know basic things in case of an accident. You should learn what your legal options are in case that happens to you.
Who is liable?
Liability in truck accidents is a complicated and complex matter, and it depends on various factors, some of which are as follows:
You need to find out who is at fault in the truck accident. It can be the truck driver, the trucking company, or the other drivers who caused the accident. The negligence includes speeding over the given limit, Driving while being distracted, not following safety measures during driving, etc.
- If it is the truck driver’s fault, like he is driving drunk or under the influence of drugs. He will be liable for what happens after the accident.
- If something was wrong with the truck and he was not driving properly, then the company is to be blamed for not maintaining the vehicles properly and not training their drivers properly.
- Additionally, if the accident happened because of another driver and because of his rash driving, he may be blamed for his contribution to the accident.
- If the accident happened because of a mechanical glitch in the truck, then the manufacturer and distributors of the truck will be held responsible for the accident.
- If the accident happened because of poor conditions, the government agency responsible for road maintenance should be blamed. Because they must keep the roads in perfect condition and their maintenance in order.
- If the accident happened because of the cargo misbalance, cargo loaders are at fault for loading the truck improperly and not keeping in mind the basic truck loading rules.
Some states in the USA follow comparative fault law, in which the damage is distributed to various people according to their contribution to the accident. Even the injured person has to be liable to the extent of his fault in the accident.
If the truck driver and trucking company are at fault, their insurance companies will cover the damages for the accident, and usually, they cover the complete damage caused by them.
You need to deeply investigate this matter to confirm who is responsible for the accident, and for that, you need to have a good lawyer who has experience in this field.