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Any accident involving trucks can be devastating because of the very nature of these vehicles. At a speed of 80 mph, the impact between the truck and the other vehicle can be huge. When it comes to determining liability, there are a number of individuals who can be blamed for whatever injury that will be sustained.
Let us find out who are the persons likely to be made responsible for personal injuries or deaths to the innocent victims.
The Driver
The most likely person to take the responsibility for any injury is none other than the driver. At the very least, he/she will be included in the list of defendants whenever a lawsuit will be pursued by the victims of the accident. This is because the truck driver is the one to have caused the injury.
Some of the vital facts that will determine the liability of the driver in your case may include the following:
- If the driver was working for a major trucking firm
- If the driver was driving his/her private truck
- If the driver was employed by a major hauling company but as a separate contractor
The three instances mentioned above could spell the difference in determining liability for the injuries you sustained.
The Trucking Firm
Another entity that could be held liable for injuries or deaths is the firm where the truck driver is employed. This will only hold true if the driver is using the truck owned by the company at the time of the accident. In this instance, the truck driver and the truck owner may be held liable for damages in the accident.
To establish liability of the driver and the vehicle owner in a truck accident, the following elements must be present:
- Negligence or fault must be determined
- The culprit or tortfeasor must be identified
- The issues of the case must be well documented
In reality, it all boils down to truck accident insurance. Depending on who will be blamed for the accident, either a victim will be covered by the driver’s or the company’s health insurance plan. Again, the awarding of the insurance needs must meet certain conditions.
First, if the driver drove their truck of his own concurrence, the insurance plan will provide coverage for injuries or damages up to a fixed dollar cost.
Second, if at the time of the accident, the driver was working for a trucking firm, the insurance carrier will be included in any case that will be filed as well.
In California, the possibility of truck accidents is very high. Because of its huge highways and freeways, more and more vehicles not only trucks become involve in collisions, which result to injuries or death.
If you want to determine the liability of a driver or trucking company, get the services of truck accident attorneys in California. They can help you determine how much you can claim as well as the possible damages that come with the case.
To help you with truck accidents and related issues, you can avail of the services of credible and experienced personal injury attorneys to assist you. Log on to our official website and let your case be appraised free of charge.
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