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Who is liable after a commercial truck accident?

Any time that car accident involves a large commercial vehicle, there exists the potential for severe personal injury and property damage. Large trucks have the capacity for great destruction, and those who suffer injuries in such accidents may face difficulty determining who holds liability for their injuries and losses.

Especially as we move into the holiday season, increasing the numbers of vehicles on the road, greater congestion and more dangerous winter driving conditions mean an increase in accidents involving commercial vehicles. Unfortunately, even when the commercial vehicle itself or the driver causes the accident, it is not always clear who holds liability for the victims' losses and injuries.

In these instances, professional legal guidance is essential to pursuing full, fair compensation for the victims. An experienced attorney can help assess the accident and protect the interests and rights of the victims even before they leave the scene of the accident.

Gathering evidence and determining liability

Depending on the professional relationship between the commercial driver and shipping company using the driver's services, liability may fall on a number different parties. For instance, if the driver is classified as an employee rather than an independent contractor, then his or her employer may hold liability. In this case, a victim may choose to file a claim against the employer's insurer. However, if the driver is an independent contractor, then the claim may fall to his or her individual insurer.

Furthermore, if the accident arises due to some malfunction in a component of the commercial vehicle itself, the liability may fall to the party who holds responsibility to maintain the vehicle, or may possibly fall to the manufacturer of the faulty part.

An experienced attorney can come to the scene of the commercial truck accident and begin protecting the rights of the victims immediately, advising them on what to say to other parties and gathering evidence to build a strong claim.

This may involve reviewing the drivers' various driving logs and documenting the scene itself, including pictures and video footage. If there are any security cameras in the vicinity of the accident that took footage of the accident, an attorney can help victims obtain this footage.

Focusing on recovery is key

The more complicated a claim is, the more time and energy it requires to pursue a fair resolution. Most individuals do not have the experience or time to fully pursue all of the compensation that they may deserve after such an accident.

If you suffer an injury in a commercial truck accident, you may wish to focus your energy and time on your own physical recovery. An experienced attorney can help you build and pursue your claim, freeing you to do the hard work of getting better after a commercial truck accident.

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