Is The Truck Driver Responsible for The Accident?

Is The Truck Driver Responsible for The Accident?


After you were injured by a truck in a motor vehicle accident, your whole world may feel flipped upside down. You may have catastrophic personal property damage and you may be dealing with serious injuries that put you out of work for quite a while. When this is the case, you most certainly want to hold the responsible party accountable for what they did. If you were hit by a truck driver, are they the ones to point the finger at? Not necessarily. When you get into a motor vehicle accident with a truck, it can help to work with an attorney to gather all of the evidence so that you can determine who is responsible and file your claim against their insurance. 


Who could be responsible for this accident?


When you are recovering from the accident, you likely have two questions: 

  1. How did this accident happen? 
  2. Who caused the accident to happen? 


There are a few different options for who may be responsible for your accident:

  • The truck driver
  • The trucking company
  • The mechanic who worked on the truck
  • Another driver on the road
  • The company that manufactures the truck parts


So, while it may seem like the truck driver was responsible, it is possible that any combination of the above could also be responsible. How can you determine liability? One of the best things you can do in this situation is work with an attorney, like a truck accident lawyer from a law firm like Brandy Austin Law Firm, PLLC. By working with a lawyer, you know you are getting someone who can get the help of expert witnesses, identify who the liable parties are, determine what caused the truck accident to happen, and value your claim appropriately. Additionally, if the police officers who responded to the scene of the accident issued any type of traffic citation, this could also work in your favor. 

What is comparative negligence?


In certain states, there are comparative negligence laws. This means that if you and a truck driver are both found to be partially responsible for an accident, the number of damages you can win will decrease by the percentage that you are responsible for an accident. It is best to speak with your lawyer to learn if you are in a comparative negligence case and see how this may affect your claim. 


If you would like to learn more about filing a claim after a truck accident, reach out to a local law firm today.