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How is liability determined after a truck-car crash?
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How is liability determined after a truck-car crash?

by | Sep 1, 2020 | Firm News

A collision between an 18-wheeler and a passenger car can result in devastating injuries to the occupants of the smaller vehicle.

How is fault for the crash determined and who is liable for injuries?

Scene investigation

From skid marks to vehicle debris, an investigation of a crash site can yield a great deal of information. When a commercial truck accident occurs, the trucking company will waste no time in sending people to investigate the accident scene. Advocates working on behalf of the injured victim must do the same. Truck-car crashes are more complex than are collisions between two smaller vehicles. For this reason, professionals such as accident reconstructionists and forensic engineers might assist the legal team in determining fault for the crash.

Vicarious liability

In addition to the truck driver, the driver’s employer may also share responsibility for the crash, often known as vicarious liability. In fact, the trucking company will likely share the blame for the accident even if the driver is an independent contractor since he or she was working on behalf of the company at the time of the collision.

Multiple claims

The injured victim can seek damages from both parties and perhaps others; for example, the company or individual responsible for loading the big rig if it was hauling extra cargo that shifted. In a case where badly worn components contributed to the crash, liability could also extend to the maintenance company that failed to repair or replace the worn equipment. The victim has a right to expect full and fair compensation to cover medical expenses, lost wages and more.