Category: Truck Accidents
Liability in a Truck Accident
If you find yourself a victim of a trucking accident then it’s important to speak with an attorney about your options as soon as possible. A trucking accident can cause significant damage to the victim and it’s important to work with an attorney right away to help you recover the maximum amount of compensation possible in your case to recover from your losses. One thing a truck accident attorney will help you with is determining which party or parties are responsible for the trucking accident and can be held legally liable for the damages.
Your attorney will investigate the case and review all of the available evidence. Trucking accident evidence may include police and accident reports, employer accident reports, medical records, first responder reports, and witness statements. This evidence can be used to determine fault in the trucking accident case.
When it comes to trucking accidents the resulting lawsuits differ from typical automobile accident claims. One reason for this is the amount of regulation involved in the trucking industry. Large commercial trucks are subject to certain regulations and a violation of these regulations can contribute to accidents and harm.
Who is Liable for the Trucking Accident?
There are several potential parties that can be held responsible for a trucking accident. You may be able to receive compensation from one or more of the liable parties. Here are just a few of the potential parties that could be considered at fault for the accident:
- The manufacturer of the truck or auto parts
- The owner of the truck or trucking company
- The truck driver
- The cargo shipper or loader
Fault States and Liability
The state of Indiana is considered a fault state. This affects how accident insurance claims are handled. In a no-fault state, the injured person would simply collect compensation from their own insurance company for the expenses incurred from the collision. Compensation would be paid by the injured party’s insurance company up to a certain point before involving the other party’s insurance company when necessary.
In a fault state such as Indiana, the injured party is responsible for pursuing the insurance company of the at-fault party for financial compensation. Hiring an attorney increases the odds of collecting fair compensation in such cases. A fault state also requires the injured person to prove the other party was at-fault for the accident, which is another reason for hiring a good attorney to help your case.
Comparative Fault System
Indiana also utilizes a comparative fault system in determining each party’s liability in the trucking accident. A comparative fault system includes assigning a percentage of the fault to each responsible party. In this situation, if the injured party is discovered to be more than 50% at fault then they may be ineligible to receive compensation in court from the other party or parties involved with the accident. This can be potentially devastating when an accident has left you with extensive medical bills and loss of income. This is why it’s crucial to involve an attorney that can fight on your behalf to prove the fault of the other party and prevent you from being unjustly blamed for the cause of the accident.
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