According to the state’s insurance laws, you can file a lawsuit after a truck accident if you meet the prerequisites. It makes no difference who was at fault in a state with no-fault insurance, like Pennsylvania and New York, as the insurance provider will cover any injuries and property damage. Nevertheless, you might be able to sue the at-fault driver for compensation if the damages do go over the policy’s maximum value, such as if you get a traumatic brain injury.
In fault jurisdictions like Connecticut and Ohio, where there is a determination of fault for accidents, the insurance provider will pay for damage after establishing who was at fault. This enables locals to file a lawsuit against the truck accident’s at-fault party, particularly if that party does not carry sufficient insurance to cover the costs of the losses.
For more information on your legal options, if you’re unclear about the insurance rules in your state, it’s advisable to speak with a qualified Manhattan, KS Truck Accident Attorney.
How Do I Prove I’m Liable for a Truck Accident?
An experienced truck accident lawyer will need to look into the crash and compile the necessary evidence to hold the responsible party accountable to prove liability. Among them are:
- looking into the accident site
- talking to witnesses
- the police report being obtained
- taking a look at the truck driver’s logbook and the black box
A clear image of the accident’s perpetrator will become apparent after this evidence is gathered. In contrast to a car accident, when either one or both drivers may be at fault, this accident may have been caused by many parties, including:
The driver of the Truck
A truck accident may involve multiple parties, but the truck driver will almost always be found liable. At the time of the accident, they might have been breaking the law by speeding or driving while intoxicated, or it might have been a mechanical problem.
The Trucking Company
It’s possible to hold the trucking business accountable as well. For instance, if the trucking company overloaded the trailer’s goods.
The Truck Manufacturer
Accidents may result from mechanical flaws, such as subpar brakes or an unreliable engine. The accident may be blamed on the car’s manufacturer in this situation. Truck manufacturers must adhere to various manufacturing requirements than those that apply to passenger vehicle manufacturers. The maker may endanger people’s lives by failing to abide by these regulations.