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Who is At Fault in a Truck Accident?

Oct 8, 2018 | Truck Accident

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Any type of accident is scary, but when it involves an 18-wheeler truck, it can become a lot more difficult. Unfortunately, with their long hours and heavy loads, truck accidents are extremely common, making it easy to blame the trucker when it comes to fault. But truckers are also very experienced drivers, so it is not always their fault when it comes to an accident. In fact, many people fail to practice safe driving near a truck, whether they speed up, cut them off or try to avoid them. This creates many accidents where the truck driver is not at fault.

But, when an accident is the truck drivers fault, it isn’t as black-and-white as an accident with a fellow car. Truckers are often backed by big trucking companies and are usually not the owner of the truck they are driving. Once an accident occurs, it’s this entire team of people that you will have to prove fault against, and that can get tricky.

Trucks must abide by certain federal laws, and when these laws are broken, it can be a bit easier to prove fault. But once it is proven that the truck was at fault for the accident, who is to blame? Is the truck driver at fault or the owner of the truck? What about the company that was using the truck at the time, or the manufacturer of the truck? Usually, this is when an attorney will step in on both sides to ensure that the blame is placed correctly.

Recently, federal laws have prevented companies from placing blame on the driver alone. In fact, these laws state that any company who has a trucking permit is responsible for any accidents involving their trucks. This may be good news for the victim of the accident, but it can still be tricky to deal with a large corporation’s procedures and insurance.

Besides the difficulty with proving fault and dealing with many different players, truck accidents are frightening because they often involve more injuries and worse outcomes for the victim. When a truck hits a car, the force can overpower a driver and the car can easily be crushed. The injuries and damages to the car and person are usually extensive and require hospital stays, time off work and more.

If you have been involved in a truck accident and sustained injuries, you should be compensated correctly, especially if those injuries caused you to miss work and undergo surgeries or treatments. The attorneys at Stewart & Stewart have successfully handled many truck accident claims and would be happy to take on your case. Give us a call at 1-800-33-33-LAW or visit our website for more information.

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