When serious injuries result from major vehicle collisions like truck crashes, determining liability is crucial for obtaining the full compensation deserved. In some cases, multiple parties may share responsibility under the law.
Those hurt in truck crashes often incur massive medical debt and lost income, so maximizing coverage from all angles is key.
A car accident lawyer in Denver looks at all possible sources when determining liability. With the help of an experienced attorney, accident victims can claim their right to reimbursement from each responsible party based on the facts and law of their particular case.
Many Parties Can Be Held Liable in a Commercial Trucking Accident Case
Attorneys are well-versed in sorting out complex liability apportionment across multiple defendants. Even if the fault in a truck accident seems clear for one party, a thorough investigation may find additional parties contributed in some way through unsafe actions or lack of oversight.
Several parties may share legal responsibility in a commercial truck accident, depending on the circumstances, including:
The Truck Driver
Drivers must abide by strict safety regulations covering issues like timeframe limits for uninterrupted driving, minimum rest between shifts, substance use prohibitions, pre-trip inspection responsibilities, and safe operation practices.
Negligent or reckless actions in areas such as speeding, distracted driving, or fatigue could open them up to liability claims.
The Trucking Company
There are several reasons a trucking company might be liable for an accident. For instance, as the DOT carrier, the trucking firm has duties to:
- Thoroughly screen applicants
- Provide complete training
- Closely monitor driving habits
- Properly maintain vehicles and equipment
- Comply with federal trucking regulations and transportation guidelines
Failure to exercise reasonable care in any of these duties amounts to negligent hiring, oversight, or entrustment. Your truck accident attorney in Denver will understand how to investigate each of these factors to determine liability in your case.
These dispatchers are tasked with sensible route planning that doesn’t require unsafe rushing or putting pressure on drivers that could contribute to poor decision-making. Unreasonable schedules and expectations opening the door to preventable accidents may produce a liability.
Brokers & Shippers
Loading cargo improperly so that it shifts during transport in a way that obstructs or distracts the driver could lead to shared liability if an incident results. Shipping dangerous products without declaring them or taking the right precautions can also lead to accidents and liability on the part of the shipping company.
Repair shops contracting with carriers must perform scheduled inspections and repairs with due care. If you don’t fix a problem and it causes a crash, this calls into question the quality of the repair and, by extension, may be considered negligence.
Vehicle and Parts Manufacturers
If an accident is caused by design or production flaws that don’t meet safety standards or pose a risk of unintended acceleration, for example, the maker can be held liable. When a Denver truck accident lawyer is determining liability, engineers or other specialists may be consulted to identify whether a defective part could be to blame.
Establishing negligence against multiple responsible parties increases the chances of fully recovering costs from applicable insurance policies. It all depends on the specific facts of the accident. Your Denver commercial trucking accident attorney will perform a complete and thorough evaluation of the evidence to ensure all potential sources of liability are identified.
For a free legal consultation, call 800-863-5312
What Evidence is Considered in a Denver Commercial Truck Accident Claim?
When determining liability in a commercial truck accident case, Denver truck accident lawyers will carefully consider multiple sources of evidence:
- Police accident reports and eyewitness statements about traffic conditions, signs/signals, and vehicle movements
- Commercial vehicle inspection records and maintenance logs to check for mechanical defects or deferred repairs
- Driver logs, medical records, and employment histories to look for violations of hours-of-service rules or unsafe driving patterns
- Video footage from any security or dash cameras that captured the collision scene
- Cell phone records in the event of potential distracted driving
- Post-accident drug/alcohol tests in cases of suspected impairment
- Expert analysis of crash reconstruction through forensic analysis of vehicle damage and roadway evidence
- Applicable transportation safety regulations and whether Federal Motor Carrier rules were broken
- Event data recorders that hold information on vehicle/load telematics
- Depositions of drivers, witnesses, and other involved parties to get precise timelines
- A coordinated investigation of all pertinent records and findings by transportation and engineering specialists helps attorneys determine liability factors
Why Is It Important to Identify All Liable Parties in a Truck Accident Claim?
There is a better likelihood of receiving full and fair compensation if all liable parties are pursued. The combined financial resources of many insurance pools are larger. Having this option means an improved chance of collecting the maximum compensation possible in your claim.
Pursuing multiple responsible entities has strategic value because it gives access to all applicable insurance policy limits for payment. Additionally, assigning blame proportionally across all at-fault parties strengthens settlement leverage.
Contact a Denver Truck Accident Lawyer to Learn More About Your Case
Leaving no stone unturned helps ensure maximum relief from all angles to address both the current and long-term economic impacts of your injuries. The attorneys of Zinda Law Group have the resources and experience to perform a thorough investigation and fight to recover the maximum compensation possible in your case.
Contact us today for a free case assessment to learn more about how we can help you.