Who is Liable in a Truck Accident

who is liable in truck accident

If you have been injured in a truck accident you are undoubtedly dealing with a lot of pain, multiple doctor’s appointments and time missed away from work. You are probably wondering how you are going to pay for everything. If the truck driver was at fault, the trucking company’s insurance should pay the accident-related bills.

There are two different insurance rules in the United States: fault and no-fault. In a no-fault state, a driver’s own insurance company will pay their bills no matter who was negligent. In a fault or tort state, the driver who caused the accident is responsible for paying the accident-related bills.

Wyoming is a modified comparative fault state. That means that even if you caused a portion of the accident, you should be able to recover money for your medical and auto repair bills. If you are determined to be over 50% responsible for the accident, you may not receive insurance money.

Special Rules for Truck Drivers

Truck operators are required to have CDL licenses. They must have 10 hours of rest in between shifts and they cannot work over 11 hours per shift. They are also not allowed to drive over 70 hours a week.

The trucking company must also follow certain rules and regulations. They must inspect their trucks before they go out on the road and the drivers must have received company training. They are not allowed to pressure drivers to work additional hours and they must have drivers that have clean driving records. 

Truck drivers work long hours and handling an 18 wheeler can be hard. If a truck is not loaded properly and a driver is tired, it may result in a rollover accident. Drivers have been known to take drugs, so they can stay up for long hours at a stretch and this can cause them to lose the judgment they need to drive. A trucking company may be considered liable for an accident if they did not comply with the laws that govern them.

Wrongful Death

If you have lost a family member to a trucking accident, you may be able to sue the company for wrongful death. Only immediate family members can sue in this case. Plaintiffs can be awarded money for such things as funeral expenses, loss of companionship and lost wages.

What to do at the Scene of an Accident

When you have an accident you should always ask if the other person is alright and call 911. Make sure to exchange information with the other driver and get the names of any witnesses at the scene.

Collecting Evidence

Be sure to save every medical bill you have that is related to your accident. Save receipts for medicine and get your employer to write you a letter stating the hours you have missed from work.

Finding an Attorney

Hiring a good attorney is important in any personal injury case. A trained personal injury lawyer will have plenty of experience in negotiating with insurance companies. You should find an attorney who has endorsements from previous clients and a solid reputation in the community. visit kentspencelaw.com for more information.

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Posted - 04/21/2020