Determining who is liable in a truck accident in Conway, Arkansas, can be lengthy. Truck drivers may not be the only at-fault party in a collision, and a Conway truck accident lawyer from Horton Personal Injury Lawyers can help you investigate the accident so you take the proper steps. Our team is here for you so you do not have to try to handle a civil lawsuit alone.
Parties That Can Be Held Liable in a Truck Accident Case
When a truck accident occurs in Conway, it must be thoroughly investigated to determine what happened and who was at fault for the accident. Unlike car accidents, there are multiple parties who could be at fault for the accident. This makes liability a far more complicated and nuanced aspect of your case.
Because of the many layers of liability involved in a truck accident, the importance of legal representation in personal injury cases is critical. Lawyers thoroughly investigate these accidents to determine which party, or parties, contributed to an accident and how they did so. This information makes a big difference in how a case is handled.
Our team works closely with you after your accident to identify liable parties so you can hold them accountable and pursue justice. Below is a closer look at which parties may be held liable in a truck accident case.
Truck Drivers
Truck drivers are commonly held liable for truck accidents because they have direct control over their environment and how they operate their trucks. Truck drivers are responsible for remaining alert, following the rules of the road, adhering to hours of service regulations, and adjusting their driving for weather and road conditions, as well as traffic. Truck drivers are also expected not to speed or be reckless since they cannot stop as quickly.
When truck drivers become negligent in their duties, they can directly cause accidents that can cause motorists serious harm. Most often, truck driver negligence looks like driver fatigue or distracted driving.
Truck Companies
Truck companies can be held liable for drivers under certain circumstances. Under vicarious liability laws, trucking companies could be sued if drivers they employed were negligent and caused an accident in the scope of their employment. However, this is not the only reason they can be held liable.
Trucking companies are subject to federal trucking regulations set by the FMCSA, and ensuring their operations and drivers comply. They may be held liable if they fail to fully vet, train, or supervise hired drivers. We may also hold them accountable if they failed to appropriately care for the vehicles, such as if improper maintenance contributed to the accident.
Cargo Loaders
Cargo loaders are responsible for ensuring they place freight onto the trucks in alignment with the Department of Transportation (DoT) and cargo loading standards. They are responsible for ensuring that freight does not exceed the weight limit allotted for that truck. They must also make sure that the weight of the cargo is evenly distributed across the axles and that it is properly secured.
Unsecured cargo and/or excessive weight can throw off a truck’s center of gravity and increase its risk of tipping over. It can also make it even more difficult for a truck to stop, which can cause a collision. When cargo loaders are negligent in their duties, they can contribute to and be held liable for an accident.
Mechanics and Maintenance Technicians
Mechanics and maintenance technicians are responsible for keeping trucks maintained, inspected, and running properly. They must also ensure that all telematics and software are kept up to date and working properly so that a truck complies with federal safety regulations.
Failing to thoroughly execute these duties can be grounds for legal action if an accident occurs. If they fail to properly maintain a commercial vehicle, it can result in performance issues such as brake failure.
Manufacturers
Mechanical issues can also arise from defective trucks or parts. Manufacturers may be at fault for poor product designs, manufacturing flaws, or failing to warn about potential dangers or requirements associated with the product. These issues can cause considerable harm and endanger truck drivers and other passengers.
In these situations, manufacturers can be held strictly liable for putting a truck or part on the market that was dangerous and could harm others. Failure to appropriately address these concerns may mean you are eligible to pursue a product liability claim against them.
How These Parties Are Held Liable
Once you have identified which party is liable for the accident, you must work to establish their fault so it is factually recognized. This must be completed before compensation may be recovered so that it is not your word against theirs. It also makes negligence conclusive and hard to argue or evade.
To successfully hold liable parties accountable for their actions, you will need substantial evidence and a case built around four key elements. These elements are a requirement in every personal injury case, but lawyers can tailor their case, strategies, and arguments to fit the particulars of your circumstances. Below is a closer look at what you must demonstrate.
Duty of Care
Establishing liability starts with defining the duty of care you were owed. This element refers to the basic expectations and precautions that were supposed to be taken to ensure safety. For example, drivers are expected to follow safe driving behaviors, trucking companies are responsible for training their drivers, manufacturers are supposed to distribute safe products, and mechanics, technicians, and cargo loaders are supposed to execute their duties with care.
Duty of care sets the foundation of liability. It is the element that all subsequent actions are measured against to determine if these obligations were upheld or not. It also outlines what you had the right to expect.
Breach of Duty
Breach of duty is the next element to be established and builds on the foundation already established. This part shows that another party became lax or failed to execute their duties as intended. For example, speeding, trucking regulation violations, unsecured cargo, or poorly maintained or manufactured parts are a few ways that duty can fail to be upheld.
During this phase, evidence is provided to show negligence specifically. It provides insight into how the accident occurred, but it also reinforces and supports this part of your claim against the other party.
Causation
Causation acts as the linchpin for establishing liability in a personal injury case. It takes the other party’s responsibilities and their careless actions and shows how they led to an accident. This stage solidifies cause and effect by confirming the other party as the catalyst for harm.
Evidence in a case can help link a liable party’s actions to the cause of the accident. In some instances, reconstructionists can simulate how the actions played out and developed into a collision. By establishing causation, fault can be shown as a fact.
Damages
Damages outline what losses you suffered because of the other party and the accident. This can include your injuries, various expenses, and resulting suffering. These are losses that you would not have endured if the accident had not occurred.
Damages also refer to the compensation you may be entitled to receive. Damages are paid for by the liable party as a means of restitution so you do not have to pay for the losses they caused out of your own pocket.
What Happens When Multiple Parties are Liable for a Truck Accident in Conway, Arkansas
To make matters more complicated, commercial truck accidents often include several points of liability or involved parties. This is known as shared or partial fault. It also means that if you contributed to the accident, you may be liable to a certain degree based on Arkansas’s modified comparative negligence statutes. This law allows you to recover compensation as long as your liability falls below a certain threshold.
Parties who contributed 49% or less to an accident may recover compensation in proportion to their level of fault. For example, if the value of your losses was $150,000, and you were assigned 15% liability, you would only be able to recover $127,500, leaving a portion to cover out-of-pocket.
Parties who are 50% or more at fault are not allowed to recover compensation. This means that they must cover all of their losses themselves, as well as the portion they are entitled to pay you for your losses.
If you are partially at fault for an accident with a large truck, you may still be able to recover a portion of your damages. Insurance companies may try to claim you are responsible for more than you are, but our Horton Injury Law truck accident lawyer will work diligently to build a strong case and protect you from unfounded blame’
What to Do After an Accident so You Can Establish Liability in a Conway Truck Accident
Establishing liability requires identifying who is at fault in a truck accident. This requires collecting evidence and taking steps to demonstrate the at-fault party’s role in the accident and your suffering. This can minimize the risk of disputes and other issues that could hurt your case.
Medical Evaluation
First, seeking medical treatment after a crash is critical to any personal injury claim. We typically suggest that you seek out a full evaluation from a medical professional within 72 hours, if not immediately. This medical care can help you establish records of your injuries.
To help you recover as much of your medical costs as possible, we advise clients to keep copies of all of your medical records and medical expenses as you receive treatment so you have the necessary documentation to strengthen your claim.
File a Police Report
Reporting the accident and filing an accident report with the Conway Police Department can help ensure the situation is thoroughly investigated and documented. This report is a critical piece of evidence because it can provide clarity on fault, and it also makes it harder for the insurance adjusters or trucking company to transfer blame.
Visual Evidence
To the best extent that you are able, photograph and/or take video of the damages and injuries you sustained in the accident. Media is a strong form of concrete evidence that can be used to strengthen your claim. It is good to take your own even if others are included in the police report.
Witness Statements
Similarly, witness statements are also important for reinforcing your account of what occurred. A lawyer can also work with expert witnesses throughout your case to strengthen it. This may include your doctors, industry professionals, and reconstructionists, among others.
Call an Attorney
Before initiating a claim, hire a truck accident lawyer who can guide you through the process. Our attorneys have extensive legal knowledge and skills that can improve the outcome of your case. We advocate for you and negotiate a settlement that is fair and protects your rights.
How Lawyers Can Help Hold Liable Parties Accountable
Lawyers are essential for holding liable parties accountable after a truck accident. These cases often require extensive investigation and substantial evidence. Truck and insurance companies may avoid taking responsibility, and our team is equipped to fight back when this happens.
For example, insurance companies may try tactics such as shifting blame for the collision onto you, trying to delay your claim and wait you out, and offering you a low settlement, among other tactics. We fight back by crafting strong claims, drafting demand letters, and suing if necessary.
Additionally, when we take on your case, we take swift action to preserve evidence on electronic logging devices such as black box data, hours of service and maintenance logs, and so much more. This evidence can disappear quickly, and we fight to secure it so that at-fault parties can be held liable.
You can be confident that you are represented by a team that listens to you and takes your losses seriously after a truck accident. We know the impact this can have on your life, and we compassionately guide you and develop a personalized strategy to establish liability and secure damages.
Navigate Liability With the Aid of Horton Personal Injury Lawyers
Establishing liability in semi-truck and tractor-trailer accidents can be complex with so many potentially liable parties. Horton Personal Injury Lawyers helps you navigate the way forward so you can hold the correct party liable for your damages.
To learn more about your options and who may be liable for your losses, schedule a free consultation when you contact our firm today. We are ready to help you and advocate for your rights to compensation.