Who is Liable in Truck Accidents
Truck Accident Attorneys serving Port St. Lucie, Jupiter, Stuart and West Palm Beach Florida
A major question for many in commercial truck accidents focuses on who is to be sued. In other words, in truck accident who is liable will determine who will be compensating you for damages.
Fetterman & Associates, PA in West Palm Beach, Florida, offers those who have suffered severe injuries in truck accidents experienced and knowledgeable representation.
Determining Truck Accident Liability
It is not always an easy matter to determine in truck accidents who is liable. Even in the case of driver negligence, the person being sued may not be the driver.
It could be the owner of the truck, the owner of the trucking company, or the person who employed the driver. Insurance agencies are involved in such suits, and they will fight tirelessly to ensure that they pay as little as possible and, preferably, nothing at all to the victim.
In considering liability and damages, there is a range of evidence that comes into play. At Fetterman & Associates, PA we have a wealth of experience in investigating truck accidents, determining and proving liability, and assessing damages.
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Evidence Regarding Product Liability
In terms of truck accident, negligence usually falls to the driver. The other choice is product liability. If product liability is the issue, then the manufacturer would be liable, and they would be the focus of the lawsuit. Product liability involves proving that the error made the truck “unreasonably dangerous.”
Additionally, it must be revealed that the truck’s performance had not changed since it was purchased, and the truck must have been operated in the manner that was intended by the manufacturer. The product must not have been changed or amended in anyway.
A strict liability case may also be brought against the manufacturer, but such cases are difficult and expensive to prove, as they involve testing, analysis, and the use of expert witnesses. The point of such a suit is to prove that the manufacturing process is at fault.
Truck Driver Negligence
A vast majority of the time, blame is assigned to driver negligence and liability may be assessed to one or more entities. When it is determined who is at fault the appropriate insurance provider will have to compensate the victim for their injuries.
Evidence that is taken into consideration and actions include:
- The accident scene, which must be thoroughly investigated and analyzed.
- Interviews of witnesses and depositions.
- Truck driver deposition
- Analysis of driver’s logbook, examination of driver’s record, and review of truck maintenance.
- Analysis of weather, road, and traffic conditions, and driver’s performance in such.
- Review and analysis of victim’s report of accident. Deposition of such.
- Review of police report.
- Utilization of all medical reports.
- An accounting of all medical bills, lost wages, and lost property.
- Determination of victim’s loss of earning ability, pain and suffering, and mental aguish.
- An assessment of future medical bills.
- Expert analysis and testimony concerning the accident and injuries to the victim.
- Determination if punitive damages are in order.
This information is used to determine negligence and also if damages exceed those as covered under Florida’s no-fault law.
Contact Truck Accident Lawyers Who Fight For You
Fetterman & Associates, PA in North Palm Beach, Florida, will serve your best interests in every way. Our experience in investigating complex truck accidents and detailing and analyzing all facts, information, and evidence will help ensure that you have the best possibility at securing the compensation that you deserve.
Fetterman & Associates, PA will use all of its resources and will ably determine in truck accidents who is liable. Doing so means that our clients have the best opportunity to win a fair and equitable settlement.
Also, our detailed work often allows us to reach an out-of-court settlement with defendants and their insurers, saving our clients stress, time, and money. Contact at Fetterman & Associates, PA for West Palm Beach truck accident lawyer at 561-845-2510 for thorough, personalized personal liability legal representation.