In a truck accident, the truck driver is sometimes liable, but the trucking company, cargo loaders, maintenance providers, and others can also share the blame. It’s even possible for more than one person or party to be found responsible for the collision. For instance, your lawyer might determine that the trucking company and the driver are at fault.
In other cases, attorneys might hold vehicle owners, maintenance providers, cargo-loading companies, manufacturers, or other parties responsible for the crash. To fully understand who is liable in a truck accident, contact a truck accident lawyer in Hingham at Earley Law Group Injury Lawyers.
Who is Usually Liable for a Truck Accident?
There isn’t always one answer to the question of who is liable in a truck accident. Sometimes, the truck driver is responsible because their negligent actions caused the collision. In other situations, the trucking company might also be liable.
A vehicle owner, maintenance provider, cargo-loading company, manufacturer, or another driver could potentially share responsibility. That is why it‘s important not to assume that the person driving the truck is automatically the only person you can pursue.
A truck accident lawyer will look at the circumstances surrounding the collision and determine whether one or multiple parties may have contributed to your injuries. Earley Law Group can handle this investigation in your case.
When Is the Truck Driver Liable?
The truck driver may be liable when their negligence causes the collision. Negligence generally involves failing to use reasonable care under the circumstances. In a truck accident case, here’s what that conduct might involve:
- Operating a car while distracted
- Speeding
- Following another vehicle too closely
- Driving while impaired
- Failing to respond appropriately to traffic and road conditions
Fatigue can also become an important issue in commercial trucking cases. If a driver was operating a vehicle while excessively fatigued or otherwise violating applicable safety requirements, those circumstances may become relevant to determining responsibility.
What Evidence Can Help Establish Liability?
Proving that the driver was negligent requires evidence, and the evidence in a truck accident case can come from many different places. Your attorney may investigate the driver’s actions before and during the crash by reviewing:
- Photographs and videos from the accident scene
- Police reports and crash documentation
- Eyewitness statements
- Traffic or surveillance camera footage
- Vehicle damage and physical evidence
- Electronic vehicle data
- Driver records
- Truck inspection and maintenance records
- Cargo and loading records
- Employment and training records
- Medical records and bills
- Evidence of lost wages or reduced earning capacity
Not every case requires every type of evidence. The investigation should be tailored to what actually happened. The important thing is for Earley Law Group to preserve potentially useful evidence before it disappears.
Why Is Evidence Important in a Truck Accident Case?
Unfortunately, insurance companies don‘t have to accept your version of events. They might question who caused the accident, how severe your injuries are, whether your injuries were related to the collision, or if another person contributed to what happened.
Evidence gives your Earley Law Group attorney something concrete to work with. The stronger the evidence, the easier it can be to build a case based on facts rather than assumptions.
How Long Do You Have to Bring a Truck Accident Claim in Massachusetts?
Massachusetts gives victims a three–year statute of limitations for many personal injury actions. Massachusetts General Laws Chapter 260, Section 2A states that actions for tort must be commenced within three years after the cause of action accrues.
However, you should not treat three years as a deadline for contacting a lawyer. Certain claims can have different requirements. Claims involving the following could coincide with additional rules or applicable deadlines:
- Government entities
- Wrongful death
- Insurance disputes
- Other circumstances
Waiting can also make it harder to gather evidence. A witness who clearly remembers the crash today may have a much less reliable memory later. Video footage may be overwritten.
A damaged truck may be repaired. Maintenance records may become harder to obtain. Getting legal advice from Earley Law Group as soon as possible can help protect your claim.
To Figure Out Who’s Liable in a Truck Accident, Contact Earley Law Group ASAP
Determining who’s liable in a truck accident can be more complicated than assuming the driver who was behind the wheel is at fault. Depending on the circumstances, it’s also possible for the trucking company, vehicle owner, maintenance provider, or cargo loader to be responsible.
In some cases, your attorney can hold the manufacturer or other parties liable for the crash as well. At Earley Law Group, our attorneys understand how to investigate the circumstances of truck accidents, identify potentially liable parties, and build a case based on the facts.
We have built a strong reputation throughout the Boston area for providing white-glove service to people who need answers during an already stressful time. If you’ve been injured in a truck accident, you don’t have to determine liability on your own.
Call Earley Before It’s Too Late!™