The Challenges of Proving Liability in Trucking Accident Cases

Any traffic accident can lead to serious injuries or death for those involved, but truck crashes tend to be especially dangerous. According to the National Security Council, 155,000 people were injured in truck accidents in 2021. Most of the time, these victims were not occupying the truck at the time of the crash. More than 70% of injuries reported in these same trucking accidents were sustained by passengers or drivers in the other vehicle. This is not surprising, considering that most commercial trucks weigh between 35,000 and 80,000 pounds. For comparison, a large pickup truck weighs about 6,000 pounds.

In general, most truck drivers take safety and responsibility very seriously. They are required to follow a set of trucking safety rules that limits the number of hours they can drive. Routine maintenance on commercial trucks is required, and inspections are mandated by federal law. Operating a truck while distracted is a serious offense that can result in termination for most commercial truck drivers.

Still, truck accidents frequently occur and can result in catastrophic injuries. In order to obtain compensation, the victim must prove that the trucking company or some other third party should be held responsible for the accident. A truck accident case can be complicated, and hiring a nationwide truck accident attorney is essential to achieving a legal recovery for your injuries.

Legal Responsibility for Truck Accidents  The Challenges of Proving Liability in Trucking Accident Cases

Trucking companies and their insurance adjusters generally like to avoid accepting responsibility for a crash. This should come as no surprise, considering that truck accident claims can easily involve hundreds of thousands or even millions of dollars in damages. In all but the most obvious circumstances, commercial truck accident victims should be prepared for a fight.

The basic principles of liability for all types of traffic accidents also apply to truck crash cases. In order to be entitled to compensation, a victim has to prove the following three elements:

  • Negligence: The truck driver must have been negligent in some way. This includes speeding, distracted driving, drowsy driving, impairment, and so on.
  • Causation: The truck driver’s negligence must have been the direct contributing cause of the crash.
  • Damages: The truck accident victim must have suffered measurable damages, including physical injuries, medical costs, or missed work due to the crash.

In many trucking accident cases, the victim will suffer serious injuries. However, proving the negligence of the truck driver can be complicated. When you have been hurt in a truck crash, it is important to have access to multiple pieces of evidence in order to build your case. A national truck accident attorney will review the following items:

  • Driver logs
  • The driver’s employment history and safety record
  • The truck’s maintenance records
  • A work schedule for the driver
  • Internal data from the truck’s black box system

In addition to the evidence above, truck accident victims may need to obtain additional information in order to prove their case. In cases where liability is an issue, an expert witness can be used to reconstruct the crash. The trucking company’s hiring practices can also be explored if they failed to perform their due diligence before employing a negligent driver.

The potential avenues for establishing liability are numerous and depend on the facts of your specific case. At Burg Simpson, our national truck accident lawyers will fully investigate your case and uncover all of the necessary information to strengthen your claim against the trucking company.

Third-Party Liability in Truck Crashes

In some cases, the truck driver did everything right, but a crash still occurred. Sometimes, a truck accident happens because of vehicle defects or due to the failure of a mechanic or automotive technician assigned to inspect the truck for potentially hazardous conditions.

Like any vehicle, a truck has several components that help it operate on the road. While a truck must be manufactured to a certain standard, sometimes the truck manufacturer will fall below these standards. Truck accidents commonly occur due to equipment failures, such as faulty brakes or improper weight ratios. In these instances, the existence of a manufacturing defect may be enough to recover against the manufacturer under a legal theory known as strict liability.

There are also examples where another third party may be liable for a truck crash. Commercial trucks are required to have regular and routine maintenance, including tire changes and rotation. Mechanics must inspect the truck to ensure that all of its systems are in good working order. Sometimes the mechanic or technician will fail to adequately inspect the truck. The failure to identify a dangerous condition can lead to a major crash, leaving a third-party mechanic and their employer potentially responsible for your injuries.

All potential causes of a tractor-trailer accident must be carefully and completely explored. A national truck crash attorney will look into all of the possible reasons why your accident happened. When you are fighting a truck accident case, it is crucial to make sure that all responsible parties are made a part of the claim. At Burg Simpson, we leave no stone unturned in your pursuit of justice and will ensure that anyone who was negligent is held accountable for their actions.

Nationwide Truck Accident Lawyers

Being the victim of a truck crash is scary and devastating. Truck accidents can lead to serious injuries or death, and achieving justice is important. Proving the negligence of a truck driver, trucking company, or third-party manufacturer has many challenges. Before you talk to the insurance adjuster, you should speak with an attorney who has experience handling these difficult cases.

At Burg Simpson, we offer the following:

  • Free consultation for all potential clients
  • A nationwide team of attorneys with years of experience in truck accident litigation
  • No financial obligation until we recover compensation
  • Peace of mind and experienced legal guidance

If you were injured in a nationwide commercial truck accident, you should not delay in protecting your legal rights. Having an attorney by your side at the soonest possible time is essential to preserving your claim. To schedule your free consultation with our attorneys, please contact us using our online intake form or call us at any time at (888) 895-2080.

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