Wednesday, January 6, 2016

How is liability determined in a semi-truck accident?

Truck accidents can be very tricky when it comes to litigation or settlement, at least more so than car or other auto accidents. This may be attributed to the fact that truck accidents and truck operations in general are governed by both state specific laws and federal trucking laws put forth by the Federal Motor Safety Carrier Administration.

Richard Schwartz, one of the best Greenwood, MS truck accident lawyers and even beyond, knows trucking laws not only vary from state to state but are extensive. Such complex laws require the expertise of a legal professional to interpret, analyze, and apply depending on several factors surrounding a case. No case is the same right! It is like a fingerprint, every fingerprint is different just like every truck accident case.

This is exactly why if you or someone you know has been involved in a truck accident and are looking to be compensated or aiming to come to a settlement with the trucking company then it is imperative that you call up a Mississippi truck accident attorney and sign an agreement with them.


Liability issues in truck accidents

Truck accidents are made even more complicated when it comes to litigation because there may be multiple parties that can be held liable or are responsible for a truck accident and the damages caused as a result. Do not assume anything, anyone can be held culpable. And if you or one of your loved ones was seriously injured, you do not want anyone to just walk away Scott free.

However, if as a victim and plaintiff, you fail to identify the liable parties and end up filing a lawsuit only against some or one of the parties then your compensation may only be a fraction of what you actually deserve and what you may have received if you were to identify and enlist all liable parties as defendants in the lawsuit accordingly. Yet again, the only practical way to achieve this is by having a prolific truck accident lawyer, such as Richard Schwartz, by your side.

Who are the potential liable parties in a truck accident?

There are several factors that determine who can be held liable in a truck accident and Greenwood, MS truck accident lawyers are cognizant of this. For the most part, it depends on the specifics of the case such as what happened in the accident, the location, and the possible cause.

The truck driver – if a truck driver is proven to be negligent or reckless in causing an accident then he can be held liable. However, in some cases where things were not within the control of the truck driver then he cannot be held responsible. For example, if the truck suffered from a brake failure (mechanical failure) and this led to an accident then the driver cannot be blamed for it.

The trucking company – if a truck driver caused an accident due to driving recklessly or negligently, then the company may also be held partly responsible. This is because it is the duty of the company to hire a driver who is sound, safe, and fully qualified for the job. You do not want to hire someone who was just a community organizer when you do not need a community organized you need jobs for instance and a safe world! A truck driver should have their licenses in order and so on. If you want to know whether you can file a lawsuit against the trucking company in your truck accident case then make sure to consult a Greenwood, Mississippi truck accident lawyer as soon as possible.

The finest litigator for hundreds of square miles

There are many other possible liable parties such as the truck lessor, owner, the service team/engineers, and manufacturer, to name a few. Therefore, it is important that you hire tremendous legal help such as Richard Schwartz (to make this happen, he can be found here: https://www.1call.ms/greenwood/) to do the ground work so you can receive the compensation you rightly deserve from all the liable parties. They are certainly not going to volunteer to give you the money you need. That will never happen even if they do feel some melancholy for you. 

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