When an accident occurs with a commercial truck or vehicle and leads to injuries, there is recourse for the victim. You will likely need to hire a truck accident lawyer to support you through the process. In a case where a commercial vehicle is involved, the driver as well as the driver’s employer could have some liability.
Liability Determinations
The first part of the process will be to determine where the liability of the accident stands. This is not your standard accident, since a commercial trucking vehicle is involved.
The legal terminology is “respondeat superior,” which allows a victim to hold an employer responsible for the behavior of their employees. While the employer cannot monitor every moment on the road, they take on this responsibility when they hire employees.
Trucking companies should ensure that their drivers are held to certain standards and receive appropriate training. They should be actively monitoring their drivers, providing continual education, and doing their best to ensure their drivers are acting responsibly on the road.
Because of this caveat, in the event of an accident involving a commercial trucker or driver, the victim may be able to file a claim against the driver as well as the company.
Investigative Proceedings
The accident will need to be investigated to determine fault and liability for the mishap. Proper investigations generally reveal fault and what caused the accident that led to injuries or damages. The victim should bring in a truck accident lawyer immediately before any evidence can be destroyed.
The victim should also take pictures and document the scene if possible. This may be necessary for defense later. Most trucking companies will bring in their own investigative teams to build a case for their defense. These teams have even been known to destroy evidence in some cases to protect the trucking company.
This is why contacting an attorney right away is absolutely critical. You don’t want time to lapse and give the opposing party’s teams time to destroy anything crucial to the investigation or the case. Your attorney can complete their own investigation, as well as issue a spoliation letter to acquire evidence such as driving logs, maintenance records, and more for the case.
Don’t wait until precious evidence has disappeared or is nowhere to be found before you take action.
Contact a Truck Accident Lawyer Immediately
If you remember nothing else about the instructions shared here, please remember that contacting a truck accident lawyer right away is the most important step. Whether you have injuries or major damages, taking quick action will better provide you and your lawyer with the information and time needed to build a case.
Be sure to use an attorney who has experience working with commercial and trucking accidents such as this. Using a qualified attorney is critical. You have recourse for injuries, expenses, lost wages, and pain and suffering as well.
