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Assessing liability
In any kind of personal injury case, including 18-wheeler accidents, fault must be determined. In a truck accident case, there are a few different parties that may be held liable, including:
- The truck driver
- The trucking company
- The truck manufacturer (or parts manufacturer)
- The person who loaded the cargo
- The maintenance personnel
Every case must be assessed individually to determine fault.
Factors in determining liability
In addition to figuring out who is at fault, the factor of liability must be considered as well. The three main factors are the road conditions, the truck driver, and the vehicle driver. Uncontrollable elements, such as weather, can play a factor. The roads can be slippery from snow and ice or visibility could be low due to fog. The truck driver could have inadequate training or be fatigued from long shifts. The vehicle driver may be distracted in some other way or tired.
Filing a personal injury claim
When it comes to filing a personal injury claim, you must have standing. This happens two different ways: either you are the victim of the accident, or a loved one is. In order for you to file on behalf of a loved one, they must have lost their life or be incapacitated. Only immediate family members — spouses, children, and parents — may file on their loved one’s behalf.