When a truck accident happens, it’s critical to determine who is to blame. That’s because if someone else was responsible for an accident that harmed you or caused your loved one to lose their life, you can pursue a claim for compensation.
Drafahl Law Firm will help you identify all those who are potentially liable for your losses so you can maximize the chances of getting the money you deserve. Give us a call today to talk with a St. Louis truck accident lawyer who can assist you with your case.
Who is Responsible For a Truck Accident?
There are multiple potential defendants who you could potentially hold legally responsible for causing a truck crash. Here are some of the most common parties that are made to compensate crash victims because of their role in causing a collision:
- Truck drivers: Every driver is expected to follow the rules of the road and behave with a reasonable degree of competence. If a driver fails in these obligations and this failure is a direct cause of your crash, the driver can be held liable for your losses.
- Trucking companies: Trucking companies can be liable for a collision based on vicarious liability rules that hold them accountable for their employees’ actions on the job. Companies can also be liable for their own negligence, such as inadequate hiring practices that result in dangerous drivers going out on the road.
- Truck manufacturers: If a truck, or the parts of a truck, are faulty, those who made the defective equipment could potentially be held legally liable under product liability laws.
- Ventords servicing the carrier: Those who service trucking companies or drivers could be held responsible for a collision if their negligence was the direct cause of it. For example, if a truck mechanic inspected the brakes and failed to notice the brake pads were worn, the mechanic could be liable for a crash that occurred if the driver was unable to stop the vehicle due to the wear and tear.
- Those responsible for road design or maintenance. If the road itself was a contributing cause of the truck crash, the government or contractor responsible for it could be held liable for the resulting loss.
- Cargo owners. If a problem with the cargo causes or contributes to the crash, then the owner of the cargo may be to blame.
These are the most common potential defendants in truck accident cases. Identifying all those responsible is critical because the more defendants there are, the more insurance coverage there is to pay for substantial losses that truck crashes often cause.
How Do You Prove a Defendant is Responsible for a Truck Accident?
If you are pursuing a truck accident claim, it is your burden to show that the defendant(s) are responsible for the collision and the harm that came from it. You can meet this burden by showing:
- The defendant had an obligation to you. For example, truckers have an obligation to all other drivers to follow the rules of the road.
- The defendant breached the obligation. A failure to act with the same level of care that a reasonable person or trucking company would have is considered a breach. You can also show a breach of the obligation by demonstrating a failure to follow a safety rule, such as a failure to follow laws against impaired driving.
- The breach was the direct cause of your harm. You need to show that the defendant’s actions caused your collision
- You were damaged by the beach and can be compensated. You must show the extent of your loss, including your medical bills, lost wages, pain and suffering, and emotional distress
Proving these elements of your claim will help you demonstrate the trucker’s responsibility. If you are taking action against a different defendant, such as the trucking company, you can also make other legal arguments, including under vicarious liability laws.
Getting Help from a St. Louis Truck Accident Lawyer
At Drafahl Law Firm, we are ready to fight for you if you or someone you love has been hurt in a truck crash. We will review your case carefully to identify all parties who could be responsible and to prove they should be made to compensate you for your losses. Give us a call today to schedule your free consultation and learn more.