An accident with a commercial truck is different from other motor vehicle accidents because of liability. In many instances, a trucking company employs a driver and could be held liable for the trucker’s negligence within the scope of their employment. In addition to the trucker and their carrier, other parties may be liable for a truck accident, including manufacturers, owners, and contractors.
You might wonder how to determine fault when you are injured in a truck accident. A commercial truck accident attorney from Smith Hulsey Law skilled in liability in Gainesville truck accident cases could help review the circumstances of the accident and determine who is legally responsible for your injuries and other losses.
After a truck accident in Gainesville, it is crucial to conduct a thorough investigation to establish liability and determine what happened. Depending on the cause of the wreck, there could be multiple parties that share responsibility. While the police will investigate the accident, a comprehensive review of the evidence could reveal that multiple people should be held liable for a truck accident, including:
As an initial matter, the most prominent person to blame in a truck accident is the trucker. A trucker can be liable for negligence if they caused an accident, which could include drinking and driving, texting while driving, speeding, or other reckless driving.
In certain circumstances, the carrier can be held liable for the driver’s negligence. For example, a trucking company is responsible for hiring and vetting potential drivers. When the carrier overlooks a history of accidents or bad driving, the company can be liable for the trucker’s actions.
Likewise, truck companies can be responsible for violations of federal trucking regulations. Many carriers will encourage their drivers to work long hours. But when carriers prioritize their profits over the safety of other vehicles, it can have devastating consequences. However, it is essential to remember that many truck companies categorize drivers as independent contractors to avoid liability. One of our skilled lawyers from Smith Hulsey Law could discuss overcoming this hurdle.
When an overweight or overloaded truck causes an accident, the cargo shipper or loader can share responsibility for the crash.
Defective parts or other mechanical failures cause many truck accidents. Bad brakes, tire blowouts, or problems with power steering can be grounds for a product liability claim against the company that manufactured the defective product.
When road hazards contribute to accidents, the local, state, or federal government can be responsible for injuries caused by a truck accident.
The state applies a modified comparative fault approach to negligence cases where more than one party’s actions contributed to an accident. Under this rule, the injured person can recover compensation if they are less than 50 percent at fault. Likewise, under this rule, a driver is responsible based on their percentage of responsibility.
For example, if the damages amount is $100,000 and it is determined that the trucker was 60 percent liable and their carrier was 40 percent responsible, the trucker will pay up to $60,000 in damages, and the trucking company is responsible for the remaining $40,000. If the investigation into a truck accident case reveals that multiple parties are liable, consult a well-versed Gainesville lawyer from our firm about how to maximize compensation.
When the injured person’s actions contribute to a truck accident, their damages will be reduced based on their percentage of fault. If they are 20 percent responsible, they can only recover 80 percent of their total losses.
After a truck accident, discuss your case with an experienced attorney from Smith Hulsey Law. Liability in truck accident cases can be complicated and often involves a detailed investigation and expert witnesses. Our dedicated legal professionals could help you prove fault against the trucker and their carrier for your injuries.
Insurance companies may offer injured people less than they deserve to settle cases. You could be entitled to compensation for your injuries, and our attorneys could help ensure it is just. When you are injured and have questions about establishing liability in Gainesville truck accident cases, contact our office for a free and confidential consultation.
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