Tractor Trailer And Big Truck Accidents - FAQ
Semi truck accident attorneys must understand the legal details of a semi truck accident case. However, it can be comforting for a semi truck accident victim if they understand the nuances surrounding a big truck accident case. The FAQ below is provided to answer frequently asked questions about big truck accident cases.
How do semi truck accident lawyers handle tractor trailer truck accidents versus other motor vehicle accident cases?
There is little difference insofar as determining negligence. There are four criteria truck accident attorneys must consider in semi truck accident cases: (1) State and federal regulations that apply to the trucking companies potentially at fault, (2) the variations of claims that can be brought against companies, (3) the method of investigation required by a big truck accident lawyer, (4) tactical jurisdiction issues relating to the most appropriate locale for those injured in the semi truck accident, and (5) the manner in which many semi truck accidents occur relating to semi trucks and other large commercial vehicles (e.g., the problems associated with turning).
I was injured in a big truck accident where a truck jackknifed. Does this mean the semi truck driver was negligent?
A negligent driver is a common cause for big truck jackknifing and is often due to the driver locking the brakes of the big truck just before the semi truck accident. Because a semi truck can technically jackknife without an express error on the part of the semi truck driver, the semi truck accident lawyers representing the defendant will seek to avoid liability by arguing the semi truck jackknifed due to slipperiness of the road or due to an emergency turn. This argument can sometimes be debunked after an investigation of the physical evidence present at the site of the big truck accident.
If I am partially at fault for the accident, can I still prevail in a claim against a semi truck accident company?
Some jurisdictions do not allow you to recover damages if you are partially to blame for the semi truck accident. This is known as contributory negligence. Other jurisdictions, under a legal theory called comparative negligence, allocate the amount the semi truck driver and/or company would be liable for according to the percentage of fault for the big truck accident a jury attributes to the truck driver's negligence.
Can I sue the semi truck driver's semi trucking company for my injuries from the semi truck accident?
Usually, yes you can. However, the answer depends on the relationship between the semi truck driver and the semi trucking company. If this relationship exists, the company can be held liable for the semi truck driver's negligence under a legal theory known as "respondeat superior," meaning the agent is responsible for the principal. The semi trucking company may also be liable under the theories of negligent entrustment or negligent supervision if their drivers were not properly screened for training and past unsafe semi truck driving records. A related legal theory big truck accident lawyers pursue is negligent maintenance, when the company fails to properly inspect and maintain the truck.
Are the laws different for truck accidents and motor vehicle accidents?
Although the rules determining fault for the accident are generally the same, there are special laws that apply to tractor trailer trucking companies. Other differences in the way in which semi truck accident attorneys handle semi truck accident cases differently from motor vehicle accidents include the different factors which cause truck accidents, the types of claims that can be brought against the semi trucking companies, the nature of the investigation required by the semi truck accident lawyer, and the tactical jurisdiction issues regarding the most appropriate venue for the injury victim.
Who can sue in an injurious or fatal truck accident?
The person injured in a big truck accident or their loved ones can be involved in the lawsuit brought on by your semi truck accident.
If you or a loved one has suffered an injury or death as the result of a tractor trailer or big truck accident, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.
