Were you or someone you love injured in a collision with a big rig? If so, you can fight to hold the at-fault party accountable for the accident’s financial aftermath. To do so, you must prove their negligence and financial liability. This can be hard to do on your own, since truck accident cases can be so complex.
Hiring a truck accident attorney means you can focus on getting better while your lawyer works to prove liability in your big rig truck accident lawsuit. They will investigate your accident, gather evidence, organize it, and submit it to the at-fault party’s legal and insurance representatives on your behalf. They may also negotiate a financial settlement or take your case to court for resolution.
The Legal Elements That Prove Liability in a Big Rig Truck Accident
Liability for your accident is determined based on the act or acts of negligence that led to the collision. If a personal injury lawyer represents you, they will work to prove the following elements of negligence and liability:
- Duty of care — the obligation to act responsibly
- Breach of duty — someone failed to meet their legal duty of care
- Causation — their actions caused the truck accident
- Damages — the accident had financial consequences
Proving these elements allows you to demand compensation from the at-fault party or parties. Your lawyer will collect physical evidence and documents supporting your case. They will also use your evidence file to steer your case toward a settlement rather than a trial.
Evidence That Proves the At-Fault Party’s Financial Liability
Truck accidents can be challenging because they can have multiple causes, which means you may build cases against multiple defendants. A lawyer can help you determine who to pursue based on the evidence, which can include:
- The truck driver’s driving record
- The truck driver’s training record
- The truck driver’s logbook
- The truck’s repair and maintenance records
- Information from the cargo loading facility
- Statements from lay and expert witnesses
- Accident scene photos and reconstruction reports
Your lawyer will also collect evidence that proves the extent of your injuries, their costs, and your related expenses and losses. This portion of your evidence file will include your medical records and bills, employment records, and vehicle repair or replacement estimates.
Potentially Liable Parties After a Big Rig Truck Accident
According to the Federal Motor Carrier Safety Administration (FMCSA), approximately 415,000 truck accidents occurred in the U.S. in 2020, about 101,000 of which caused injuries, and 4,444 caused one or more fatalities. Some of the most commonly reported driver-related causes include:
- Speeding
- Drug or alcohol impairment
- Driver fatigue
Liable parties in a big rig truck accident may include:
The Truck Driver
If the driver’s actions caused the accident and they are an owner/operator, they could be liable for compensating you.
The Trucking Company
If the trucking company hired a driver who was improperly licensed or trained, they could be responsible for the costs of the accident. They could also be responsible if the trucker was acting within the scope of their employment.
A Truck or Parts Manufacturer
Your lawyer could seek compensation from the company that built the truck if a manufacturing or design flaw caused the accident. The company that made the truck’s parts and components could also be liable if a design or manufacturing flaw affected the brakes, tires, windshield, or other truck parts.
A Maintenance and Repair Facility
A truck should be in good repair and well-maintained before it hits the road. If the truck involved in your accident needed repairs, received faulty repairs, or was improperly maintained, the responsible facility could be liable. This could be the trucking company or an independent repair facility.
A Cargo Loader
Was the truck involved in your accident loaded with cargo at the time? The cargo loader could be liable for your post-accident damages if the truck’s contents were improperly loaded. This includes having the cargo shift during transport due to being inadequately balanced or secured.
Compensation You Can Pursue From the Liable Party or Parties After a Big Rig Truck Accident
Medical costs after a truck accident can start accumulating at the accident scene and continue until you reach maximum medical improvement. The size and weight disparity between big rigs and smaller trucks means you are more likely to be seriously injured than the truck’s occupants.
Your lawyer will fight to recover the costs of your medical expenses throughout your treatment. In addition, they may request compensation for the following:
- Past and future lost wages
- Loss of future earning capacity
- Property damage or destruction
- Diminished property value
- Physical disability or disfigurement
- Ongoing pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
If someone you love was fatally injured in a big rig accident, your lawyer can pursue wrongful death damages for your family. They will explain which family members are eligible for compensation and what compensation you may be eligible for, such as:
- Your loved one’s funeral and burial costs
- Loss of financial and domestic support
- Loss of consortium, companionship, guidance, and support
Important Time Limits That Affect Your Potential Lawsuit
One or more statutes of limitations will determine how much time you have to file your lawsuit after a big rig truck accident.
In Texas, you generally have two years to file a personal injury or wrongful death lawsuit, per Texas Civil Practice and Remedies Code § 16.003. However, certain circumstances may cause this deadline to change. Your lawyer can help you understand what the applicable filing deadline is and explain any factors that could alter it.
Contact Our Truck Accident Case Review Team Now
If you or someone you love was injured in a collision with a big rig, you could be entitled to financial compensation. Your truck accident lawyer will aim to build a strong case that proves financial liability in your big rig truck accident lawsuit. We will also fight hard to negotiate a favorable settlement.
Get started today by calling one of our team members at Loncar Lyon Jenkins for a free review of your case.
