If the company pushes its employees to the limits, encouraging them to ignore federal road safety regulations and keep driving when they should be resting, then it’s the company who should pay your damages.
Large truck accidents account for roughly 10% of all motor vehicle crashes in North Dakota. As the already-huge trucking industry continues to grow so does the number of truck accidents, and the number of victims. Most of those killed or injured in truck accidents are passengers in family cars. If you or a loved one were recently involved in this type of crash, you should contact an experienced North Dakota truck accident lawyer right away, as you will certainly need legal advice while negotiating with the insurance company.
The problem is two-fold. On the one hand, you have to have extensive legal knowledge to counter the arguments insurance adjusters routinely use to minimize the value of the claim. And they will fight for every penny when you present them with a large claim following a truck accident that often leaves people with severe injuries.
On the other hand, you’ll need to have the best truck accident lawyers in Fargo in your corner if you want to determine the true cause of the crash. This is essential because this allows you and your lawyer to establish liability, or who is going to pay your damages.
Truck accidents are more difficult to investigate than a common fender-bender. When two sedans are involved it’s pretty straightforward – it must be one of the drivers who is at fault. However, when a large truck is involved it is possible that the true culprit is not even present at the crash site.
Seasoned truck accident lawyers always look beyond the simple facts to be found in a police report.
Let’s say the police report pins the blame on the truck driver, who is accused of driving recklessly for changing lanes without a warning or for failing to reduce speed. Maybe that’s true, as indeed many truck accidents are caused by excessive speed, distracted or drunk driving. What if it isn’t true and the driver that slammed into your car wasn’t careless, but tired? Driver fatigue is one of the most common causes of truck accidents and in many cases it is the trucking company that should be held accountable, not the driver himself.
If the company pushes its employees to the limits, encouraging them to ignore federal road safety regulations and keep driving when they should be resting, then it’s the company who should pay your damages. Even failure to monitor its employee for drug use can be grounds to file a claim against the trucking company.
If your accident attorneys discover that the crash was caused by a mechanical problem with the truck, they will investigate who is to blame for that. Trucking companies are responsible for keeping their vehicles in good condition. If they or the maintenance company hired for this purpose failed to do their duty, you can claim damages against their insurance. Also, if a specific part of the truck turns out to have been defective, you can sue the manufacturer. Or, if the truck was overloaded or improperly loaded you can file a claim with those in charge of that.
The importance of determining exact liability in a truck accident cannot be overstated. Keep in mind that serious injuries require large sums of money in damages and you need to go after those that have this kind of money. A regular Joe with limited liability cannot cover your damages, but the company he works for can.
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