Truck accidents are unfortunately much more common than people think. In one survey, 35% of long-haul truck drivers reported that they were involved in at least one accident during their time on the job. If you have been hurt, you may have the right to claim damages. Going up against the big trucking companies, and the insurance companies that cover them, is never easy. Our Toledo truck accident attorneys know the challenges truck accident claims present and how to overcome them.
Under state law, individuals who cause an accident are liable for paying financial compensation to accident victims. The tort law of the state stipulates that you must file a claim with the insurance provider covering the at-fault party. The liable party is often the truck driver if they are the owner/operator of the vehicle, or the trucking company. Common negligent acts that cause truck accidents include:
Even when you know what caused the crash, it is not always easy to determine who is liable for it. If the trucker is an independent contractor, you can hold them liable for paying damages. On the other hand, if the trucker is an employee of the trucking company, the company may be at least partly liable for an accident. Even when the trucker is an independent contractor, trucking companies can be found liable for failing to properly inspect or maintain their vehicles.
When filing a claim after a truck accident, the liable party and the insurance company will work against you every step of the way. They will even try to shift the blame to you in an effort to shield themselves from liability. To combat this, you will need as much strong evidence that proves your case as possible. Some of the best evidence used in truck accident claims can include:
There are many laws and regulations outlined by the Federal Motor Carrier Safety Administration that truck drivers must comply with. They must not violate the hours-of-service rule, and they must meet certain licensing requirements. Any evidence that shows a violation of these laws can also strengthen a truck accident claim.
If you have been injured in a crash, you should not have to suffer financially for it, too. At Lafferty, Gallagher & Scott, LLC, our Toledo truck accident attorneys can collect the evidence necessary for your claim so you recover the fair settlement to which you are entitled to. Call us now or reach out to us online to schedule a free consultation.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.