How Liability Is Determined In A Trucking Accident?June 8, 2020
Though Alaska is reported to have fewer truck accidents rate in the nation, accidents still happens. Everyone who has spent most of their time on the busy roads of Alaska may tell you how devastating Alaska truck accidents can be. Injuries suffered are more dangerous compared to car accidents. For this reason, it becomes difficult to get recovery from injuries such as brain or spinal cord injuries one may have suffered as a result of a truck accident. Some may even lead to permanent disability. This may cause the medical expenses to escalate and could lead the victim to bankruptcy if he/she never gets the compensation deserved. The main question is who is to blame if a trucking accident happens in Alaska. It could be the truck driver, the company owing to the truck or the driver’s employer. To get the actual person liable, one should get an experienced lawyer who understands the laws of the Trucking Accident in Alaska.
Determining Who Is Responsible In Trucking Accident
If you or your loved one is a trucking accident victim, the best decision you can make is to hire attorneys in Wasilla Alaska. These attorneys have helped several plaintiffs get the best settlement for the injuries. It becomes very complicated when there are multiple potential defendants. Getting the information right can also depend on how well the lawyer is conversant with the trucking industry. When one is facing injuries or property damages, determining liability becomes one of the major concerns. If you’re able to hold the correct liable party that would be one of the significant steps you would take towards the right compensation recovery. To keep one accountable, the first thing would be to identify every person or business entity associated with the accident. Some of them may include:
- The owner of the truck: The truck company may be held liable if it can be proved that he/she is an employee of that company and not an independent contractor. This becomes possible since an employee doesn’t have powers to control the manner and means by which he/she could use the truck to conduct the business. Additionally, the truck company may cause the driver to work for long hours which could cause fatigue leading to the accident
- The truck driver: If the accident happens outside the scope of employment, the driver may be held liable. For instance, the driver could have left the work before time to go and deliver supplies to his/her business. If an accident occurs, the company could not be liable; the liability would fall on the driver. Another illustration when the driver may be held liable is when there is an intentional act. For instance, the truck driver could slam into another vehicle for revenge due to a verbal argument.
- The cargo loader: The cargo could have been unevenly distributed such that the truck is not stable. This may cause the cargo to shift, and the driver may lose control and hence cause an accident. If the cargo loader acted negligently, he/she might be held liable.
- The manufacturer: The truck could have been created with a defect, which could have led to the accident. For example, the truck may have defective tires of may experience a brake failure.
Even though Alaska trucking association has set policies to improve truck safety, these truck accident victims always sustain catastrophic injuries and damages. These injuries may take time to recover or even result in partial or permanent disability. Seeking compensation on your own could mean no recovery. Therefore, you may need to obtain the right representation.
The Effect Of Having Multiple Defendants While Seeking Compensation
Depending on the facts, there may be multiple defendants in your trucking accident case. This means that obtaining settlement may be tough, than one may think. Sometimes, even after determining liability and proving that you weren’t at fault, defendants may still argue about whether to negotiate a settlement or got to the trial. This is mostly when they fail to agree on the proportion of the fault. If this is the case, you may decide to negotiate a settlement with one defendant then sue others to ensure you get the right balance of damages. The way you approach your truck accident settlement will depend on how well you can get the faulty parties.
Be Sure To Get A Trucking Accident Lawyer
If you have been injured in a truck accident, you need to seek compensation; the best and fastest way would be to get advice from a lawyer who understands the law. The involved parties always blame one another, and this becomes hard to determine who may be responsible. Again, your employer or the insurance company may try to bully you by offering a low settlement. That’s why it very vital to know your legal options in such a case. Determining who caused the accident brings you closer to getting your compensation after filing a claim. Depending on the facts surrounding your case, the lawyer will determine who is to be sued.