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Who Is Responsible for Your Losses after a Truck Accident?

| Mar 29, 2019 | trucking accidents

A serious accident can cause injuries that make it impossible for a victim to continue to work while the medical care a victim needs to recover piles up massive expenses. Even those with high-paying jobs cannot absorb these losses without their income.

If you suffer significant injuries in a truck accident you don’t want to go without your income while you recover, especially if you have significant income and matching responsibilities at home and in your professional life. It is important to build a strong claim as soon as you can to seek full compensation from the responsible party, but this often is easier said than done.

Is the cause of the accident disputed?

It is not always easy to know who is responsible for an accident, and when a large truck is involved, the driver and their employer may fight to avoid liability. To build a strong claim that addresses all your losses fairly, you must begin by gathering as much evidence as you can, both from the scene of the accident and from the truck itself.

As with any accident, you should take photo and video evidence of the scene as soon after the accident as you can while remaining safe. The longer that you wait, the more that traffic and weather elements may erase important evidence that may strengthen your claim.

Unlike other accidents, trucks include two other forms of evidence that may clarify the cause of the accident. If possible, you should request these at the scene of the accident before too much time passes. You can request the drivers’ logs directly from the driver, who should keep them updated daily to illustrate how often they rest between stretches of drive time. Drivers often neglect to rest properly, which can easily lead to accidents.

You should also request the truck’s electronic control module data from the truck’s owner as soon as you can. This data may indicate the truck’s top speed, frequency of hard braking and other aspects of the truck’s function that can create a more complete picture of the events that lead to the accident. Be sure to request this data formally from the owner as quickly as possible, before they have the opportunity to delete it.

Who is responsible?

In many cases, the driver of the truck is the main cause of the accident, but failing parts, bad repairs or poorly secured cargo may also cause a truck accident even if the driver makes no errors. As you gather and compare your evidence, you may find that it points to a responsible party which may surprise you.

Regardless of the responsible party, you need your medical expenses covered, and you may have significant lost income to recover. Be sure to begin building a strong claim quickly, to protect your best interests as you work toward physical and financial recovery.