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Commercial Truck Accidents: Is The Truck Driver Always At Fault?

Owning a business is a challenge in itself. When you add in the complications of owning a commercial truck, it can be overwhelming. The running of a business entails properties, assets, employees, and liabilities just to name a few. In any case, involving an accident, it is important that all aspects are considered from both sides when bringing suit or. It’s a sad fact that many commercial truck accidents occur every year, both on highways and city streets. Every time a tractor-trailer blows a stop sign or fails to yield the right of way to other drivers, the consequences can be tragic for everyone involved. The finger-pointing can often leave the truck driver liable even if the fault lies with another part of the business, such as not maintaining equipment or failure to inspect drivers. Trucking companies should ensure they have liability insurance so that if an accident happens, the company can pay for any damages.

In order to make a case against a company that owns a commercial truck, you need to show that it was either strictly negligent in allowing their truck driver on the road for too many hours or there was some other fault in allowing an unsafe vehicle onto the highway. The responsible party does not always determine who was at fault, but it is a good place to start. In this case, the trucking company would be held liable for damages and fines incurred by the accident.

Unfortunately, if you are in an accident with a truck,  the chances of the driver’s insurance company blaming you for the accident are very high. If they can prove contributory negligence on your part, even if there is no evidence of this, the case is closed and they don’t have to pay you a dime.

What is Contributory Negligence?

Contributory negligence refers to actions taken by the plaintiff in a personal injury case that cause some or all of their injuries and damages sustained. For example, if you are involved in an accident and had just one beer with dinner before getting behind the wheel of your car, even though you were not legally intoxicated according to state laws, you still could be found to be partially negligent for getting into the car in the first place.

Many trucking companies will hire independent contractors to drive their trucks. These individuals are often paid strictly on a per-mile basis and the industry can sometimes take great liberties with safety standards that may or may not be followed by owner-operators of smaller commercial vehicles. Hiring an experienced attorney who understands the complexities of trucking liability is essential to prove the company is liable for damages and fines.

Seek Legal Assistance

If you have been involved in a commercial truck accident and you were not at fault, do not be afraid to contact an attorney who specializes in personal injury. They will help you by answering your questions and putting together a case that might just help restore some of what you have lost after the accident. You may also find that hiring a law firm that specializes in trucking accidents will also help your case if you were at fault. Hiring a Gainesville truck accident lawyer can be the best way to get the settlement you desire. Your lawyer can make certain that your case is presented in the best way possible.

Of course, if you are driving a commercial truck and are involved in an accident, make sure you are not at fault. Insurance companies will try to pin the blame on you no matter what. When accidents happen involving commercial vehicles, it is vital that all of the evidence is documented.

Take Photographs Of The Accident Scene

Take photographs of the accident scene and make sure you document all aspects of your driving history, including any previous accidents or incidents. This will be vital evidence if it goes to court. If you are involved in an accident as a commercial truck driver, call for help immediately. If anyone is injured, the first thing that should be done is to call for emergency assistance. Truck drivers who are tired after long hours on the road, truck drivers who are speeding, or truck drivers who do not obey traffic laws will be held accountable for accidents they cause if you decide to take legal action against them.

Filing Evidence

When filing evidence with the court, you will need to convince them that the driver of the commercial vehicle was at fault for your damages. Their negligence caused you to incur injuries and pay money out of pocket for medical bills or property damage. The more information you have about the truck accident, the easier it will be to prove your case in court.  After An Accident

When involved in an accident, there are many steps you can take to protect yourself. One of the most important is to file evidence immediately after an accident. If you fail to file evidence quickly, it could be dismissed later if the other party chooses not to acknowledge it or denies its existence. If you do find yourself in a truck accident as the owner of a commercial truck, it is important that you file any evidence as quickly as possible. If you have been found liable for an accident, do not be afraid to contact a trucking attorney. They can help ensure all your rights are protected and will work hard to recover what you have lost financially.

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If you were involved in a commercial truck accident, you will need to show that the driver was either negligent or there are other reasons for why the accident occurred. If your attorney can prove that negligence played a role in causing your damages, then you may be entitled to large compensation depending on how much the trucking company is worth.

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