When a car accident occurs, the party responsible for the incident should pay for the losses they cause. It is not always that simple to prove, which is why it is critical to have a skilled truck accident attorney to help you. Our North Charleston truck accident lawyer at Shelly Leeke Law Firm can answer your questions and provide you with exceptional legal support navigating this process.
Determining Fault in a Truck Accident
The first and primary step in any legal situation like this is proving fault, something we can do after gathering all evidence in the case. The police report is a good starting point, but it does not always include all of the details or all of those who may be responsible. We make it our goal to ensure anyone who caused an accident is held accountable by gathering evidence in all forms:
- Police collision reports
- Witness statements
- Photos and videos of the incident
- Data from the scene
- Information about the truck manufacturer and condition
- Insight into the driver’s health and overall wellbeing
- Insight into the driver’s work history
- Data on the truck driver’s health
With this information, we can determine who may be responsible for the incident and, from there, begin to work to build your case. With all of the evidence available, including from resources such as our expert witnesses and accident reconstructionists, we can truly get a clear picture of who is to blame.
Holding Those Who Caused the Accident Accountable
Once we have clear insight into what occurred and why it happened, we can then pursue the parties that caused it. This information works to help us establish a reason for the insurance company to pay you for the loss, and it is critical to be as thorough as possible. Our experiences as truck accident attorneys allow us to support you throughout this process.
The law allows for the victim to pursue financial compensation from anyone who has caused them injury. This often means that you will need to seek out the insurance company covering that party. Insurance companies expect you to clearly document their involvement, or they can refuse to pay, which is why having an experienced truck accident lawyer is so important.
Anyone who is at fault can be sued in a truck accident case. In our experience, this includes all parties involved in the matter. Below are some examples of those that may be responsible for your losses.
The Truck Driver
There are many times when the truck driver is responsible for the losses they cause in the accident, especially if they were intoxicated, falling asleep, or otherwise violating any of the numerous laws in place. The truck driver’s insurance should cover the losses you have, whether they are an independent contractor or working as an employee for a company. Pursuing compensation against the truck driver is nearly always necessary.
The Trucking Company
If the truck driver is an employee of a trucking company, that company is responsible for the actions of their driver, and that often means they are responsible for ensuring the driver is trained and properly licensed. They also may be held responsible if they are not ensuring the truck driver is taking the necessary breaks from driving to meet federal law. Further, the trucking company is responsible for their vehicles if they own them.
The Owner of the Truck
There are some situations where a third party may own the truck. If that is the case, this organization may be responsible for the losses that have occurred if they are related to the upkeep and maintenance of the vehicle. There are limitations on this that are dependent on what the truck owner maintains control over when providing their vehicle to other parties.
The Loading Company
There are times when a loading company is responsible for the losses, such as in situations where the company loaded cargo improperly, causing the truck to topple or the cargo to come out of the vehicle. In these situations, it may be the cargo company’s responsibility to manage the victim’s financial losses. This may be a secondary party at fault for the accident in the case.
Vehicle Manufacturer
If the accident was brought on by a fault in the design or manufacturing of the vehicle, the manufacturer could be held responsible. This could include faulty components that fail and cause the truck to become out of control, for example. Every situation is very different, but if there is evidence that this problem is impacting more than one party, it is likely that you have a case.
How Our Truck Accident Attorneys Will Guide You in Getting Maximum Compensation
When you are facing a truck accident, you have quite a few people trying to get you to take action, including the insurance company that wants you to settle the case as quickly as possible. In these situations, it is critical to have a trusted, highly aggressive attorney in place to minimize your risk. Take into consideration why you need a lawyer for your truck accident case:
- Aggressive, powerful legal representation: We work hard to protect your right to compensation by not standing down or allowing an insurance company to abuse it.
- Proven case results: Over our career, we have helped recover millions of dollars for victims.
- Exceptional compassion and support: Our attorneys care about your case. Read our client testimonials to see how we can help you.
There is a lot on the line when you are facing damages from a car accident. Let us seek out legal action against all parties that could be responsible for your situation. If you are unsure who can be sued, contact us for immediate help.
Call Our Truck Accident Attorneys Now for Immediate Help
Turn to the Shelly Leeke Law Firm for immediate help in navigating your case. Our goal is to help you file your claim against all parties responsible for your truck accident. Set up a free case evaluation now by calling our truck accident attorney today.
