No vehicle collision isn’t frightening. This is especially true when you are involved in an accident with a big rig. Not only will you immediately be dealing with property damage and injuries, but you may find your life forever changed by conditions that never heal.
If you need care for months or even the rest of your life, your medical bills could be insurmountable. If you’re facing financial devastation, your only option is to hold the at-fault party accountable for their negligence.
Get Expert Answers to Accident Questions
Our firm is often asked who can be held liable in a truck accident claim. The experienced West Palm Beach truck accident attorneys at Steinger, Greene & Feiner will help you determine just that. We will work to prove that the owner of the truck, the owner of the company, the driver, or the manufacturer of the vehicle was negligent in some way.
Perhaps the truck wasn’t maintained or manufactured properly. Maybe the driver didn’t adhere to safety regulations. One of our expert personal injury lawyers will review the details of your accident, conduct a thorough investigation, and fight to retrieve the compensation you are entitled to.
Steinger, Greene & Feiner are here if you need any answers regarding the filing of a truck accident claim. Your initial evaluation will be conducted at no cost and with no obligation to work with us afterward. Schedule your appointment by calling (561) 566-5021 today.
In the meantime, let’s take a closer look at liability in truck accidents.
Building a Successful Case
Every successful personal injury case has several elements that must be proven. In a truck accident case, your attorney will work to prove four elements to a judge or jury. Negligence is ultimately composed of:
- Duty of Care
- Breach of Duty of Care
- Injury
- Damages
Every time someone gets behind the wheel of a vehicle, they have an assumed duty of care. It is their responsibility to drive in such a way that no one is harmed. This is according to both regulations and the standard of a “reasonable person” exercising “ordinary care.” A vehicle manufacturer is responsible for ensuring their vehicle is designed and put together safely. A company owner is responsible for training their employees and maintaining their fleet.
When one of these people does not hold up their end of the deal, it is a breach of their duty of care. Either regulations were broken, or ordinary care was not taken.
Next, your attorney will have to prove that you were injured as a direct result of the accident.
Many people are not aware that injuries are not enough to proceed with a successful personal injury case. There must be damages, or financial loss, associated with those injuries. You must have incurred medical bills, time off work, or other financial distress.
You can also obtain compensation for pain and suffering, but this is unlikely if you don’t have any material/monetary damages alongside it. If you don’t have bills to pay, there is nothing to be compensated for.
Proving Breach of Duty
One of the most difficult things to prove is breach of duty. It could have been the driver that breached their duty of care, the owner of the fleet, or the maker of the semi. Drivers must follow a stringent set of rules and regulations to keep others safe.
Negligence in a truck accident can take many forms. Your attorney may take a close look at:
- Hours of Service: Truckers may only drive for a specific number of hours before they take a break. If they surpass this time limit, they have breached their duty of care. When drivers stay on the road to the point of exhaustion, they are more likely to fall asleep at the wheel or make a poor decision.
- Weight Limits: Specific trucks are designed to carry certain weight limits. When a trucker overloads their trailer, they are putting everyone in danger by altering the way the truck handles and operates.
- Maintenance Issues: Just like you maintain your vehicle, the owner of a truck must maintain theirs. This means oil changes and other routine care as well as repairs. When an owner fails to maintain their fleet, they have breached their duty of care.
How Your West Palm Beach Attorney Can Help You
When you need to determine who’s at fault in your truck accident, we are here to help you. The experienced West Palm Beach truck accident attorneys at Steiger, Greene & Feiner are ready to speak with you. Call our office at (561) 566-5021 to schedule your free case evaluation and learn more about how we can assist you today. You are entitled to compensation for your accident and we are here to fight for it.