Establishing liability in a truck accident can be complex. This is because the trucking industry is characterized by multilayered relationships between truckers, trucking companies, loaders, insurers, and other parties. To sort out the mess, personal injury victims should consult with a skilled attorney after being injured in a truck accident. Contact Ryan Bisher Ryan & Simons today to schedule your free, no-obligation consultation with a skilled truck accident lawyer.
Who May Be Liable for a Truck Accident?
One distinguishing feature of many truck accidents is the high number of potentially at-fault parties they can involve. Of course, the truck driver is at the top of the list.
However, multiple other entities may also be liable in the right circumstances. For example, if a truck driver is an employee of their trucking company, the company may be liable for injuries caused by the trucker’s negligence. And even if the trucker was hired as an independent contractor, the hiring company may still not be able to escape liability if they contracted the driver to transport unusually hazardous goods.
Further, if the truck accident was caused by a malfunctioning part, the manufacturer or distributor may be on the hook. Similarly, if a maintenance team’s poor workmanship gave rise to the accident, they may also be held liable for resulting accidents and injuries.
Determining all potential sources of liability is one of the most important steps in developing a good case strategy. You should consult with a skilled attorney to make sure no stones are left unturned.
What Types of Negligent Actions Can Cause a Truck Accident?
In most personal injury cases, plaintiffs secure compensation by proving that the at-fault party’s negligence gave rise to the accident that caused their injuries. Negligence arises when someone fails to use reasonable care to avoid harming others through their actions. However, what counts as reasonable care will vary widely depending on the circumstances of an accident. Things that may ultimately contribute to a finding of negligence include:
- Following too closely
- Driving under the influence of alcohol or drugs
- Ignoring red lights, stop signs, and other traffic signals
- Driving too fast for road, weather, or traffic conditions
- Distracted driving
- Disobeying hours-of-service (HOS) limits
- Failing to signal or check mirrors before turns and lane changes
- Failing to yield the right of way
- Failing to make sure cargo is safely balanced and secured
- Failing to regularly inspect and maintain a truck
- Failure to adjust speed to inclement weather and poor road conditions
What Evidence Do I Need to Prove Liability in a Truck Accident?
In order to successfully recover compensation in a truck accident lawsuit, plaintiffs must prove the at-fault driver’s culpability by a preponderance of the evidence. This simply means proving that they were more likely than not responsible for the accident. The evidence available to meet this standard will vary from case to case. That said, relevant evidence may include things like:
- Police accident reports
- Photos and videos from the scene of the accident
- Statements from witnesses to the crash
- Footage from nearby surveillance, traffic, and dashcams
- Logs from the truck’s event data recorder (“black box”)
- Hours-of-service (HOS) logs
- Truck driver employment records and driving history
- Toxicology test results
- Company dispatch and communication logs
- Cargo manifests and bills of landing
- Vehicle inspection and maintenance records
- Post-accident vehicle inspection reports
- Testimony from doctors, traffic engineers, accident reconstruction specialists, and other experts
Have Your Case Reviewed by an Experienced Truck Accident Attorney
The diverse commercial relationships that make up the trucking industry mean that truck accidents can lead to very complex litigation. The legal team at Ryan Bisher Ryan & Simons has the skill and experience necessary to handle even the most combative defendants. We are ready to build the strongest possible claim on your behalf. Contact us today to schedule your free, no-obligation consultation with a skilled truck accident lawyer.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
