Helping Victims of Truck Accidents Claim Compensation
In any auto accident, emotions can run high as the drivers involved try to assess the damage both to themselves and their vehicles. However, when a commercial truck is involved, many drivers are not aware of who can be considered at fault, which laws apply, and what their first steps should be, whether they were fully, partially, or not at all at fault.
When the driver of the truck is fully at fault for the accident, they still may not be liable for the damages. Even more confusingly, it may not be the owner of the truck, but rather the company they work for that can be held responsible. However, understanding common causes of truck accidents, and the people and entities that can be held liable, can help navigate a victim through the process of seeking compensation.
Truck Accident Laws
There are many federal laws and even more regulations associated with commercial trucks. These laws and regulations set forth what standards trucking companies must adhere to, along with what owners and drivers must do to properly operate and maintain the big rig. Due to these in-depth rules, these laws can help determine who is held liable in the event of a trucking accident.
Most of the applicable laws can be found in Title 49 of the Code of Federal Regulations. However, every state also has their own department of transportation, where the information can be more easily found in addition to being tailored to your own state, or the state in which the accident occurred. With that in mind, many trucking companies and their insurance companies will try to use these regulations to their advantage. Finding a skilled Philadelphia truck accident lawyer to handle your claim can help ensure you do not fall victim to their tactics.
Figuring Out Who is Liable
After a truck accident, there are many players that are involved. The driver of the truck, the owner of the truck, the company who leased the truck, the manufacturer, and even the shipper or loader of the truck’s cargo can be held liable for injuries resulting from a tractor trailer accident. In some cases, the trucking company or insurance company may use these possible nuances to curb their own liability for victims’ injuries.
For instance, if the accident was caused due to improper loading, the company may argue the shipper is liable for the collision. In other cases, it may be argued that the agreement between the driver and the company they work for outlines how the company is responsible for any damages that come from an accident. On the other hand, such an agreement may not be in place, which would put the liability on the truck driver. In all cases, it tends to be the victim who suffers during the argument of liability, as it can be cumbersome trying to file for damages with insurance when fault has not been assigned.
When the Driver’s Acts Were Intentional
While it is not common, sometimes auto accidents are not accidental at all. When road rage is involved and a driver acted intentionally, the company is not held liable for the intentional torts. This can include assault, battery, kidnapping or other aggressive acts. Because the driver is acting in a way that is not related to the business enterprise, the company is not liable for their actions. For instance, if another driver upsets the trucker and they strike the vehicle in an act of rage, the liability rests solely on that truck driver.
Philadelphia Truck Accident Lawyers at Nerenberg & Gagliano, P.C. Represent Victims of Truck Accidents
If you or someone you love has been injured in a truck accident due to the negligence of a truck driver, contact our experienced team of Philadelphia truck accident lawyers at Nerenberg & Gagliano, P.C. today. We help victims navigate the complicated system of liability to ensure all entitled compensation for medical expenses, pain and suffering, and other damages from a truck accident. Call us at 215-569-9100 or contact us online for a free consultation.