No matter what type of car you drive or how many people you pack into it, your vehicle will not even get close to being as heavy—not to mention as long, tall, or wide—as a tractor-trailer. With tens of thousands of additional pounds of cargo on board, these massive machines are unwieldy and trickier to operate safely, especially for truckers who are not very experienced behind the wheel.
Unfortunately, inexperience, simple carelessness, and other irresponsible behaviors can lead to traffic collisions with catastrophic consequences, as experienced personal injury attorneys know all too well. If you have been hurt in a wreck through no fault of your own, you should strongly consider contacting a Lowell truck accident lawyer from The Law Offices of David W. Holub to discuss your options for civil recovery.
Who Could Be Legally Liable for a Truck Wreck?
Just like every other person driving any other type of vehicle on public roads, commercial truck drivers have a duty of care requiring them to act safely, lawfully, and rationally at all times behind the wheel. Any “breach” of that duty that directly causes an otherwise avoidable collision qualifies as negligence, such as speeding or driving while distracted.
As a qualified attorney in Lowell could further explain, individual truckers are rarely the only people who hold civil liability for a truck crash. For example, the legal doctrine of respondeat superior often allows trucking companies to be held liable for the negligence of their drivers. Alternatively, a trucking company—or some other third party, like a mechanic or a truck manufacturer—may primarily be to blame for a wreck because of something like negligent hiring practices or subpar fleet maintenance.
Getting Around Legal and Procedural Obstacles
Even if someone injured in a truck crash has conclusive and overwhelming evidence that someone else is legally liable for their injuries, they may not be able to recover fully for those injuries if they are found partly at fault. In this type of scenario, an injured party’s damage award can be diminished in proportion to their percentage of fault, provided that the injured party’s fault does not exceed 51%. Indiana Code § 34-51-2-5 and Indiana Code § 34-51-2-6.
Another possible legal roadblock worth mentioning is the statute of limitations codified in Indiana Code § 34-11-2-4, which gives most injured people just two years to formally file suit against the responsible party. Otherwise, the case will almost certainly be thrown out of court. A seasoned truck accident attorney in Lowell could provide vital help with staying within the appropriate time frame for filing a lawsuit.
Talk to a Lowell Truck Accident Attorney Today
While any auto accident can potentially result in serious injuries, few types of wrecks are more consistently dangerous and deadly than those involving tractor-trailers. Even worse, commercial truck wrecks can often be uniquely difficult to seek civil restitution for—often because of strong opposition from the trucking companies and their insurance providers.
In a situation like this, representation from a dependable Lowell truck accident lawyer could be essential to effectively protecting your rights and achieving a favorable resolution to your claim. Learn more about your legal options by calling The Law Offices of David W. Holub and scheduling a consultation today.