Truck accidents can have consequences that are long-lasting, in some cases even lasting a lifetime. If you have been injured, or a loved one has been killed in an accident involving a big truck, you will want to do everything in your power to ensure that your legal rights are being protected. Truck accidents can be extremely complex and determining liability in situations such as these can be incredibly difficult for you to navigate on your own. Stokes Stemle is experienced in dealing with big truck accidents, and they have the knowledge necessary to identify all liable parties in these complicated collisions in order to maximize compensation for their clients.
Liability for a Truck Accident Case
Liability, or fault, is the most important factor considered when determining whether or not a party involved in a truck accident is entitled to compensation for their loss. Due to the catastrophic nature of many accidents involving big trucks, the damages associated with these accidents are often massive.
There are two components that are considered when determining liability: duty of care and negligence.
Duty of Care
Duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. There are multiple parties that have a duty of care associated with trucks, including the driver, the trucking company, and the truck manufacturer. Truck drivers are bound to operate their trucks in a way that is attentive and reasonably safe, the trucking company is bound to properly train and monitor driving schedules of their drivers, and manufacturers are bound to manufacture products which are safe for use.
The second component of liability, negligence, comes about when the duty of care is breached. Examples of negligence include a truck driver operating their truck while under the influence, or a trucking company forcing their drivers to drive longer hours than are allowed per the law.
Proving negligence can be both incredibly complicated and costly. In order to properly prove negligence, it may be necessary to hire forensic experts or an accident reconstructionist, both of which can cause thousands of dollars to retain.
The attorneys at Stokes Stemle have both the knowledge and the resources to help navigate you through the liability decision surrounding your specific truck accident.