Some of the most severe motor vehicle accidents are ones involving trucks. Delivery trucks and 18-wheelers dwarf even the largest personal vehicles and as a result, a collision can result in serious or even fatal personal injuries. If you have been involved in a truck wreck, you could benefit from speaking with a Mount Pleasant truck accident lawyer about your legal right to seek recovery for damages.
After an accident, you may be overwhelmed and confused. Along with severe injuries, you could be struggling financially due to lost time at work and piles of medical bills. To make matters worse, you may be suffering emotional anguish as a result of the incident. An experienced injury attorney understands the difficulties involved in recovering from a truck collision and could use that experience to demand fair compensation for your losses.
Who is At Fault in a Truck Crash?
Truckers must adhere to the same rules of the road that all drivers do. This includes assuming the legal duty to protect other drivers, pedestrians, and passengers on the road. When truckers neglect this duty, they could be deemed negligent. Examples of negligence include a trucker speeding, texting while driving, or ignoring traffic signs. Beyond this, truck drivers have additional rules to abide by that do not apply to other drivers.
Specific federal rules govern the maximum allowed weight of trucks on highways. If an 18-wheeler or truck is overweight at the time of a wreck, this could be strong legal grounds for claiming negligence. An additional truck-specific rule focuses on how many hours a trucker may drive in a given day or week to prevent fatigue. For a successful claim to be filed, a victim must prove that a trucker was behaving recklessly and carelessly at the time of the accident and that this negligence resulted in their injuries. A dedicated attorney in Mount Pleasant could work to assess the facts of a truck wreck case and determine liability.
What Level of Liability Do Trucking Companies Have in Mount Pleasant?
With personal injury cases involving 18-wheelers and trucks, there are often multiple at-fault entities. This is because many truckers are employees of trucking companies and often do not own their vehicles. Instead, they are moving products at the behest of their employers and therefore do not often hold sole responsibility for a collision.
Employers assume responsibility for their employees through the legal concept of agency. So, any claim a victim makes for damages will affect both the trucker and their employer. In other words, when a truck driver is involved in an accident, both the trucker and their employer are likely to be liable.
However, the situation changes greatly if the driver owns their truck. These drivers may be independent contractors or could be self-employed. When this is the case, they do not work for the company but instead, take on jobs under their own agency. If these drivers are involved in an accident, they are the only potential at-fault entity for which a victim can pursue compensation. A knowledgeable lawyer could help a truck crash victim understand the facts of a case and if a trucking company in Mount Pleasant can also be held responsible for damages.
Talk to a Mount Pleasant Truck Accident Attorney
The aftermath of a truck wreck can be frightening and confusing. Along with suffering from personal injuries, you might be worried about your financial security and be dealing with emotional trauma. Thankfully, you have a legal right to request recovery for these damages.
While compensation should be easy to obtain, that is unfortunately not the case. Even if injuries are apparent, negligence still needs to be proved before you can receive compensation, and you should not have to navigate the nuances of this legal system alone. A Mount Pleasant truck accident lawyer understands the stresses and confusions of dealing with the effects of serious injuries while trying to recover your losses. Call today to discuss your claim.