Areas of Dispute Regarding Fault After Heavy Trucking Accidents in Waldorf

by | Feb 9, 2018 | Lawyers

Trucking Accidents in Waldorf are likely to cause substantial amounts of property damage as well as serious injuries. A person who has been hurt in one of these incidents has the right to seek financial compensation for current and future medical bills related to the accident as well as for lost income and even intangible aspects like emotional trauma. Repair or replacement of the vehicle that the truck collided with also should be provided by the insurer.

Proving Fault

The injured person, who is the plaintiff, in this case, must be able to prove that the accident was the fault of the truck driver or the trucking company. Professional legal representation is important for these cases, especially if there is any question about which driver was responsible for the accident. Sometimes, the responsibility is apparent and has been documented by law enforcement. In other situations, there are enough questions that the trucking company disputes the claim.

Expert Witnesses and Private Investigators

A lawyer representing clients in cases involving Trucking Accidents in Waldorf gathers evidence to support the claim, which may require the services of a private investigator and an expert witness. An expert witness can reconstruct the scene and gain more insight into what actually occurred. Private investigators find and interview eyewitnesses who support the plaintiff’s explanation of events.

Truck Drivers as Independent Contractors

Another problem develops when the truck driver is not an employee of the company but an independent contractor. The trucking company may deny any wrongdoing on its part, insisting that only the driver was responsible. Yet, it may be the company’s insurance that would have to pay on a claim, especially if evidence shows that the truck was not properly maintained or was in need of repairs that had been delayed.

The Complicating Factor

In most vehicle accident cases, there are only two potentially liable parties: one driver or the other. The third element in 18-wheeler accident cases makes the situation significantly more complicated. Someone who has been injured in a collision with a heavy truck may contact an organization such as Jaklitsch Law Group for a free initial consultation.

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