Trucking companies, drivers, truck manufacturers, and municipalities are among the parties who can be liable for a truck accident. In most cases, though, insurance companies are the ones who pay the cost of truck-related collisions.
Identifying liable parties is just the (critical) start to any truck accident claim or lawsuit. Securing fair compensation is considerably more difficult—and far more important—than recognizing who is liable. Allow a Mesa truck accident attorney to identify liable parties and lead the fight for the settlement or verdict you deserve.
A trucking company may be liable for the cost of your truck accident. These companies are typically financially responsible for an accident when:
Trucking companies are typically liable for their employees’ actions, including their negligence. Truck drivers are the employees most likely to be responsible for an accident and may cause an accident by:
Truck drivers are also responsible for inspecting their trucks and cargo, leaving the road if their vehicle is unsafe, and refraining from driving if they are unfit.
Fleet managers, inspectors, maintenance crews, and other trucking company employees may also contribute to an accident. When they do, the trucking company is likely liable for the collision.
Trucking companies’ higher-ups may engage in negligence that leads directly or indirectly to collisions. Some higher-level forms of trucking company negligence are:
If a trucking company was negligent in any way related to your accident, that company may be liable for your damages.
You may have the right to sue a trucking company, even if the company has insurance. If the company lacks adequate insurance, you almost certainly have a right to sue.
Insurance is a key feature of trucking industry regulations. For this reason (and others), any trucking company involved in your accident likely has insurance. However, there are many reasons why you might sue a trucking company. Hire an experienced attorney who can advise you whether to sue and handle any necessary lawsuit.
Trucking companies and their employees are often liable for the cost of accidents—but not always. Some parties who may also pay for a truck accident victim’s damages are:
The majority of truck accident victims receive compensation through insurance companies. This is the case because:
You may seek compensation from a trucking company’s insurance provider, your own insurance provider, or other parties’ insurance providers. Your truck accident attorney lawyer will lead the claims process for you.
When a truck accident happens because of unsecured, unevenly distributed, or otherwise dangerous cargo, the person or company responsible for that cargo may be liable.
Cargo loading companies generally have insurance, but you may also be eligible to sue such a company if they caused you harm.
Defects are always a potential cause of truck accidents because:
Some defects occur because vehicle and trailer owners fail to maintain the equipment. In that case, the owner, operator, or both may be liable for your damages.
If hazardous road conditions caused your truck accident, your lawyer will look at the municipality in which the accident occurred. That municipality may be liable for any downed signage, malfunctioning traffic lights, flawed driving surfaces, or other hazards that contributed to the collision.
You should hire a truck accident lawyer if:
Whether you are acting on behalf of yourself or a loved one, hiring a lawyer can be a beneficial decision because:
Most clients recognize that a lawyer’s insights are priceless. In many cases, those insights come from years of securing payments from insurance companies, trucking companies, and others who are liable for truck accident victims’ damages.
All the benefits of hiring a truck accident lawyer come at no out-of-pocket cost. Contingency fees are common practice among truck accident lawyers, and this fee structure means:
There are several good reasons why truck accident lawyers are willing to accept the financial risk of contingency fees. They want to help clients, and many truck accident victims don’t have money to pay a lawyer. Lawyers are also confident that they will secure compensation for the client and justify the risk of covering all costs.
Your attorney will build a case plan around you. Each plan involves different strategies, evidence, and documentation. That said, most truck accident attorneys take a specific path to settlement negotiations or trial, and that path includes:
In most states, the person who is at fault for an accident—or their insurance provider—must cover the cost of others’ losses. It will be critically important for your lawyer to show who caused the accident, and they may do so using:
Obtaining evidence from a liable trucking company is one of the greatest challenges in truck accident cases. Your attorney will file a letter of spoliation (if necessary) to secure evidence from the trucking company.
Your attorney will need to demand compensation on your behalf, which requires them to identify liable parties. As discussed, many parties, from insurance providers to trucking companies and cargo loaders, can be liable for your damages.
Your lawyer will most likely start by seeking compensation from one or more insurance providers.
It’s common for insurers and liable parties to claim that:
Securing convincing documentation of your damages will render these claims moot. Your attorney will secure all medical records, mental health service records, income statements, and bills that prove the nature of your damages.
Your attorney will present their settlement calculations to any liable insurance companies. These companies may:
It’s not typical for insurance providers to pay claimants without trying to minimize the payout. Your attorney will be ready to negotiate if insurers don’t accept their demands.
If the circumstances of your case lead you to sue, your attorney will waste no time in filing the case. Arizona and most other states require truck accident victims to file lawsuits within a certain amount of time, and so your attorney will submit your suit as soon as possible.
Many truck accident lawyers secure settlements after filing lawsuits (and before a trial starts). However, lawyers also secure a significant number of verdicts by taking cases to trial.
You and your attorney will have a continuous dialogue throughout your case. If settlement negotiations do not lead to a fair offer, you and your attorney may decide that a trial makes sense.
For most truck accident victims, being hit by such a large, heavy vehicle is an unfamiliar—and traumatizing—experience. Attorneys may not be truck accident victims, but they may be more familiar with the scale of truck accident victims’ damages. This is the value of experience.
Some of the damages that attorneys often include in truck accident claims and lawsuits are:
Your lawyer will value the cost of any care you need post-collision, as survivors often need:
Every truck accident survivor has different medical needs, so let a lawyer monitor your recovery and value your healthcare expenses.
Pain and suffering is one of the most common damages among truck accident survivors. This can include many types of harm, including physical pain, emotional anguish, psychological distress, and scarring and disfigurement.
If you choose to seek any treatment for PTSD, anxiety, depression, sleep problems, or other symptoms of your accident, your attorney will seek compensation for your treatment costs.
Your lawyer will account for the cost of damage to your:
Your truck accident lawyer will also include temporary transportation expenses in their settlement demands.
Your legal team will value the cost of lost income and any other immediate and long-term professional harm resulting from the truck accident.
A liable trucking company may have evidence that can be pivotal to your case. Allow your lawyer to secure that evidence and file your case as soon as possible.
Find and hire your dedicated Mesa personal injury attorney today.