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Car Accidents Involving Commercial Vehicles – Who’s Liable?

5/30/2018

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If you or a family member is involved in an injury accident with a commercial vehicle, filing a personal injury claim may involve more than one liable party. Determining who may bear responsibility for your injuries starts by seeking the answers to a number of questions.

Is the commercial vehicle driver an employee of a shipping or other private company,  or is he or she an independent contractor? If the driver is employed with a larger company, a claim will likely include the parent company and their insurer. If the driver is an independent contractor, compensation may instead fall to the driver’s individual insurer. It is important to determine the driver’s employment status in an accident to seek compensation from all responsible parties.

Did a mechanical problem or maintenance issue contribute to the accident?  A percentage of truck accidents are caused by mechanical issues, problems with brakes, wheels and tires. Not only can the trucking company be held responsible for not properly maintaining vehicles, but also service and repair companies entrusted to make trucks safe for the road.

Was your injury caused as the result of an improperly loaded truck? Perhaps the loading company bears some responsibility to pay compensation for your injuries. Improperly loaded semis and tractor trailers are a dangerous problem. Loads may shift during transit, causing the driver to lose control or even dump their load in the path of other motorists resulting in an accident.

Where did the accident occur? Sometimes accidents happen near construction zones along the highways that lack proper signage to alert motorists to hazards. In this case, the construction company may also be partially at fault for causing the accident that lead to your injuries.

If you are involved in an accident with a commercial vehicle, there may be many responsible parties involved in liability. All possible defendants should receive attention in order for you to get the maximum compensation for recovery and financial losses. It is important to secure the help of an experienced commercial vehicle truck accident attorney to help you determine who may be responsible for your injuries so you can recover all your losses to the fullest extent possible. Contact the Des Moines Law Offices of John T. Hemminger for immediate assistance today if you have been hurt in a car accident involving a commercial vehicle.
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