Baton Rouge, LA – When someone is injured in an accident, there are a few things they can do to try to get help and financial assistance. Their insurance company may be able to pay out a claim for property damage and other losses. They can bring a civil case against the party responsible for their lost income and other financial problems related to the collision. The victim may even require long term medical treatment if their injuries are serious. However, when a trucking business is responsible for the crash there are some important differences that can make proving the case more complex.
The parties attached as defendants
Because truck drivers are usually working for someone else, or perhaps multiple companies, their employers can be attached as a defendant in the lawsuit. This can be highly dependent on whether the driver was an independent contractor, what company they worked for, if the trailer on the truck was leased, or if there were other businesses responsible for packing and loading the cargo. In some cases, a truck manufacturer can also be attached if there were issues with a defective vehicle design or failure or certain parts.
The investigation of the accident
An average truck accident causes a much larger amount of damage than a car collision. If there are serious losses or fatalities, the NTSB may even be involved in trying to determine a specific cause of the collision. The local police or any other government agency involved in the investigation will generate some kind of formal report of their findings. This report is often a crucial piece of evidence, because traffic experts can give an opinion about who was at fault or what actually caused the collision. Key witnesses may be called to a law firm for a deposition to discuss what they saw and experienced.
Truck driver regulations
The driver may be found to be negligent for a number of reasons that may not normally apply in car collision lawsuits. These individuals need to possess a commercial license, and they can only work a certain number of hours each day. The drivers are also supposed to keep records of their time each day to ensure compliance. The plaintiff can review this information to try to argue that the driver violated their standard of care on the road by ignoring or avoiding certain regulations.
Contacting a local law firm for help
Accident victims can retain a law firm to help with the process of filing an injury lawsuit and receiving compensation. Miller, Hampton, and Hilgendorf dedicate their time to helping people who need to bring personal injury cases.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806