In a truck-car crash, who is liable for your injuries?

On Behalf of | Oct 22, 2018 | Truck Accidents |

Let us say that you are driving your SUV when the 18-wheeler in the next lane suddenly swerves and hits you.

Fortunately, your vehicle absorbs much of the impact, but you sustain a broken arm and shattered kneecap. Who is responsible for your injuries?

Overloading cargo

Trucking companies must pay close attention to what their vehicles carry. For example, in addition to cargo, there could be extraneous equipment or supplies that exceed the weight limit. Overloading is among the primary reasons for trucking accidents. The truck is off balance, and the driver may find the vehicle hard to control. Overloaded cargo may shift when the driver makes a sharp turn or rounds a curve too fast. The distance needed for stopping the truck will also increase, and the driver may not realize how much braking pressure is necessary.

Responding to claims

You will want to file a claim for compensation to cover your medical bills, loss of wages and more, but how will the insurance company react? The insurer for the trucking company may offer a lowball settlement or deny your claim outright. Your legal team will likely include professional investigators and accident reconstructionists who will gather evidence to determine liability.

Assigning negligence

A crash involving a large truck and a passenger car is normally a complex matter involving several individuals or companies. In the case of an overloaded big rig, responsible parties may include the truck driver, the company that owns the vehicle, the company or person responsible for loading the cargo and even the individual who trained the employee in loading practices. Overloading goes against federal and state regulations, but it still happens. When an accident occurs, all the negligent parties must share in the financial compensation for injuries like yours.

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