Considering who’s accountable in truck accidents is challenging as several parties are to blame. Nevertheless, in a traumatic truck accident, generally, two parties are held responsible for your losses – the truck driver and/or the truck manufacturing company. Most truck accidents in Cedar Rapids happen due to the driver’s recklessness and negligent truck manufacturing companies.
RSH Legal – Iowa Personal Injury Lawyers can help pursue compensation if you have been harmed in a semi-truck collision. To acquire the truck accident reparations, you must cover your medical bills and other expenditures, and your lawyer in Cedar Rapids must ascertain who should be held accountable for the crash. They will accumulate evidence and assess the facts to decide if the truck driver or the company caused this accident.
How to Prove Liability in Truck Accident Settlements?
To prove liability, you need to establish that the truck driver fulfills the 4 criteria for negligence, including:
- Contravention of duty
- Duty of care
- Damages
- Causation
Truck Drivers Need to be Held Accountable for an Accident
If the truck driver who caused an accident is a self-employed contractor, or if they caused it intentionally, they might be held entirely liable for your loss. Otherwise, they might also be held obligated if they work for a trucking organization. A lawyer might advise you to go for a court case against the truck driver if they found guilty of the below-mentioned acts:
- Speeding
- Disregarding traffic signs
- Reckless driving
- Intoxicated driving
- Distracted driving
- Using poor braking strategies
- Unprotected passing
Suppose it’s established that the truck driver was involved in one of the activities mentioned above during the collision time. Your personal injury lawyer will lodge a claim with their liability insurance provider in that case.
The Trucking Company Needs to be Held Accountable for an Accident
A trucking company is another party that can be held liable for the collision. Such firms are anticipated to vet their drivers properly and ensure they don’t have a history of acting carelessly or recklessly on the job. Trucking organizations must abide by numerous federal regulations to impede accidents and safeguard all motorists from hazardous truck collisions. The rules are the following:
- Vehicle Requirements
Although trucks don’t have adequate safety components, hazardous crashes might ensue at any time. Commercial cars are needed to have several safety characteristics, including:
- Steering limiters
- Air & trailer brakes
- Tire pressure analyzing systems
- Anti-lock brake systems
Your personal injury lawyer will work closely with an auto engineering professional to ascertain if the truck that spawned your accident didn’t have an essential safety feature. If the lawyer discovers the truck is missing one of such components, they will lodge litigation against the trucking company.
- License & Training
FMCSA, aka Federal Motor Carrier Safety Administration, has stringent norms regarding the liabilities of a commercial truck driver. The FMCSA needs every driver to be adequately trained and licensed before operating any car with a gross weight of more than 26000 pounds. If the driver is inadequately trained or unauthorized, their employer might be liable for the victim’s lost wages, medical bills, and vehicle repair charges.
How does a Truck Accident Lawyer Help Fulfill your Claim?
Regarding truck accidents, every party’s insurance organization will try to reduce the fault to minimize the reimbursement you need for treating your wounds. That’s why it’s crucial to talk to a truck accident lawyer in Cedar Rapids to commence the investigation and safeguard your rights following a truck accident. A professional lawyer can help ascertain if the truck driver or the company is liable for the accidents. They also detect instances of shared responsibility and take the necessary legal actions.
