Posted in Council and Associates LLC, Guest blog

Truck Accident Lawyer

If you are preparing to file a truck accident claim or a lawsuit, you are likely wondering who you should be filing your case against. Many people automatically point the finger at the person who was driving the truck. It is absolutely possible that the fault lies entirely with the truck driver. However, these cases are often more complicated and could be the result of multiple parties or another party entirely. If you are hoping to begin the process for your claim, it is important that you seek help from a lawyer you can trust when you get started. 

Possible Parties Who Could Be Responsible 

There are many possible parties who could be responsible for this accident. A lawyer, understands it is important to file a claim against the right party so that you are eligible for fair compensation. 

• The truck driver. In most truck driver cases, you will likely find that the truck driver is at least partially responsible for the accident. Truck drivers can engage in negligent behavior–texting, playing with the radio, eating, or falling asleep–that leads them to get into a truck accident. 

• The trucking company. The company the truck driver works at may be the liable party in your case. Often, you will find that the trucking company will try to protect themselves by stating that the truckers are “independent contractors.” Your lawyer will want to probe more into how the truck driver is paid, whether the trucker is allowed to refuse to take a load, what kinds of hours the trucking company sets for its drivers, and whether the trucker is allowed to form other contracts with other trucking companies or just the one they are with at the time of the accident. 

• The loader. It is entirely possible that the person (or team of people) who loaded the truck for shipment is responsible for the accident occurring. If the cargo was improperly loaded–they didn’t tie the shipment down correctly or overloaded the trailer–it may be their fault. 
• The local government. If the roads were especially bad or unsafe–there are huge potholes, broken pavements, and poorly designed roads–then the local government may be at fault for the accident. This can certainly make your truck accident claim more complicated but it is worth pursuing if your lawyer believes it contributed to the accident. 

What should I do in preparation for my claim? 

When you are planning to file a truck accident claim, it is important that you go to your lawyer with an idea of who the liable party is. This can help move things along. Answer your lawyer’s questions honestly and explain what happened. You may be surprised to find out that more than one party could have contributed to your accident. If you would like help from a local lawyer’s office, reach out now. Getting the help you need for your truck accident claim is a priority. Call a lawyer you can trust today.