An accident between the driver of a personal vehicle and a commercial truck can be among the most challenging of personal injuries. One reason for this is that the injuries suffered by the driver and passengers of the smaller vehicle tend to be more severe than if the crash had occurred between two cars of the same size.
Another challenge to obtaining appropriate financial compensation in crashes with 18-wheelers is that determining who is responsible for causing the accident is not always straightforward. For this reason, it is in your best interest to retain a truck accident attorney Fort Wayne as soon as possible after the accident. Your attorney will get right to work investigating how your accident happened so he or she can present your personal injury lawsuit to the appropriate parties.
Challenges to Assigning Blame in Commercial Trucking Accidents
You might assume that the driver of the big rig is responsible for causing your injuries due to speeding, driving while drowsy or under the influence of alcohol, or attempting to drive with too large of a load that ended up striking your vehicle. While the driver may in fact bear some responsibility, it is possible that other parties share in the blame as well.
Unfortunately, some trucking company managers place intense pressure on their drivers to get loads delivered on time even if that means disregarding safety rules. The United States Department of Transportation (DOT) has regulations in place that determine how long a driver must have slept before a shift. Federal regulations also include such things as mandatory break times for drivers and weight limits for loads. Managers must see to it that their truckers keep careful logs but this does not always happen.
The company responsible for maintenance of the commercial trucks, the manufacturer, the company that insures the truck, contractors, and government entities are all additional parties that may be liable in your personal injury lawsuit. It takes time and considerable financial resources to research who failed in their responsibility to public safety. It would be extremely difficult for you to undertake this task on your own without the assistance of a truck accident attorney.
How Your Truck Accident Attorney Researches Your Accident
The first thing your attorney will do is request the police report related to your accident. He or she will then begin interviewing witnesses and attempt to determine whether any of the above parties share liability in causing the crash that injured you. This often requires the assistance of an accident reconstruction specialist. While you can expect the other side to deny responsibility, it is your attorney’s job to prove that the accident occurred exactly as you claim it did.
