Liability in an Accident Between a Truck and Car
Cincinnati Car Accident Attorneys
Liability is a legal term meaning responsibility. After a
serious auto accident involving a commercial truck, multiple parties might be liable to innocent
victims for injuries. Legal liability arises when a party acted negligently
in failing to exercise reasonable care under the circumstances, and that
breach of duty was the proximate cause of the accident. Car and
truck accident litigation involves complicated state and federal laws, and injured individuals will
face powerful trucking industry corporations and their insurance carriers.
After a car accident with a commercial truck, the Cincinnati accident
lawyers at The Moore Law Firm investigate potentially liable parties,
gather evidence to prove negligence and prepare for trial in the event
that settlement fails.
Responsible Parties Who are Liable for Truck Accidents
After a semi-truck accident involving passenger cars, there may be multiple
parties to sue for compensation for a victim’s resulting injuries.
These liable parties include:
Employers. Most truck drivers work for an employer, usually a trucking, shipping
or retail company. Under the legal principle of “respondeat superior,”
employers are liable for their employees’ negligent acts while on the job.
Manufacturers. The manufacturer of a truck may have liability if the truck or any part
was defective in design or installation, and that defect caused or contributed
to the accident.
Loading Companies. These companies must ensure a truck is loaded properly and in accordance
with industry regulations. If a truck was overloaded, the excess weight
can cause accidents and the loading company may be liable. Imbalanced
or unsecured loads can result in loss of control accidents, as well.
Bars or Restaurants. In most states, a commercial establishment is responsible for accidents
caused by serving an intoxicated person. Liquor liability is an important
consideration when alcohol consumption is an issue.
Insurance Companies. All the above-listed parties will likely have insurance policies to protect
their financial interests in the event of an accident. If an insurance
company does not agree to pay an injured motorist’s claim in full,
litigation against the insurance company will be necessary. For
catastrophic injuries and
wrongful death actions involving extensive damages, multiple insurance carriers could
be parties to the litigation.
Damages Available to Injured Motorists After a Truck Accident
The liable parties in a commercial truck car accident will be responsible
to pay the damages suffered by an innocent motorist. In the event of a
fatal car accident, the family of the deceased may sue for their loved
one’s wrongful death. The types of damages available to victims
and families include:
- Lost past wages and income
- Loss of future wages and income
- Costs of medical treatment, hospitalization and long term care
- Loss of spousal rights to consortium and companionship
The Moore Law Firm has the resources, knowledge and skill to successfully litigate your trucking
accident claim from beginning to end. The trucking industry is not going
to readily admit liability, and it will take investigations and diligent
effort to get the insurance companies to pay a claim in full. In the event
we cannot settle the case for a fair and reasonable amount that justice
requires, our Cincinnati car accident lawyers will file suit to obtain
the compensation you deserve. If you or someone you love has suffered
injuries in a commercial truck accident, our Cincinnati accident lawyers
stand ready to help with guidance and a free consultation.