Unless a truck driver doubles up as the owner of the truck he is driving, there will always be multiple defendants in any truck accident. If at the time of the accident, there is cargo in the truck, the responsibility to pay damages rests on the responsibility of interested parties. Although most truck drivers are employed, there are special circumstances where a truck driver is also the owner. Classic examples are a truck that has been leased to a company but is driven by the owner or joint ownership where an individual and company have joint ownership of the truck. The first step in the process of filing for damages as a result of a truck accident is to establish the relationship of the driver to the policy. In the case of employment, the owner or truck company will be sued for any damage done by the truck. Independent aspects such as irregular hiring of staff, insufficient training and poor maintenance of equipment are some of the different approaches in which a case can be prosecuted.
Owing to the robust nature and large weight of trucks, a truck accident is bound to be a serious accident and often, the consequences for those involved are tragic. Victims of truck accidents are entitled to compensation but this is subject the level of damage or injury. As a starting point for legal liability, the burden is in proving negligence as the cause of the accident. Without enough evidence to establish that the accused was careless on the road, it can be quite a challenge winning a claim against them. Ever heard of blind spots? When driving large automobiles, it is normal for drivers to encounter limited vision in various areas. These areas that the driver is not able to view even with the help of all the angled mirrors are known as blind spots. While the law appreciates their existence, it is deemed as negligence if an accident occurred due to one. If the case in hand cannot be established to have occurred as a result of negligence, the second aspect of investigating truck accidents will be explored; product defect!
It is not uncommon for truck accidents to happen as a result of defects that lead to the malfunctioning of its mechanical systems. If an accident is due to a fault in any of the operating systems, then the victim can launch a claim against all the parties that were involved in assembling the truck. It might not be clear on who to address in your claim but with the help of an experienced Atlanta truck accident claim attorney, an actionable claim can be drawn up. A defective truck and product liability claim is served to the manufacturer or processor. Under the law that provides for responsible manufacturing, all manufacturers are charged with the responsibility of ensuring consumer safety through provision of safe and complete products. By suing the manufacturer for a defect, the victim or their lawyer passes on to them the responsibility to establish which aspect of the operating system failed to function hence led to the accident.
There are three major aspects of product defects you can expect to encounter in trucks; manufacturing process irregularity, basic design defect or inadequate instruction for operation. This basically means that the salesman who sold the truck, by virtue of the fact that they sell similar products all the time, should have an idea when one is not in optimum condition and has the responsibility of passing this information onto potential customers. Unless you are absolutely certain that various people in the chain of distribution are innocent, then even the law considers a lawsuit against all of them to be valid. What about an accident where the truck’s condition at purchase was as intended but still caused an accident?
Sometimes even quality machinery leads to loss of life and damage to property. A truck may reach the end user in perfect condition but this does not mean it cannot be cause for an accident. While there might not have been any alterations to make it dangerous, one of its systems might work against its intended function.
The aggression you will experience from truck accident insurance companies stems from the fact that truck accidents are expensive to settle. If you think about the extent of damage or even injury that results from the weight, speed and size of such heavy vehicles, then you can understand why the resistance in settlement claims exists. There is no doubt that a truck is a vehicle but that is not enough reason to assign your case to a regular motor vehicle accident. Settle on an Atlanta truck accident attorney who is experienced in heavy machinery lawsuits. There might be no sure way of safeguarding your right to an equivalent compensation but having a skilled professional by your side will improve your chances of a favorable outcome.