Ascertaining Responsibility For A Truck Accident

When an accident involves a big vehicle like a truck

, the impact is sure to be serious. The sheer size and weight of the truck enhances the effect of the accident on the other vehicle(s) affected by the accident. It is, therefore, easy to comprehend that the number of serious injuries and fatalities is high in case of a truck accident.

In case, someone was negligent and this was the cause of the accident in Birmingham, and subsequently your injuries, you need to consult with an attorney immediately. Truck accident litigation is complex in nature, as various federal and state laws are involved. The first task is to determine responsibility.

Whom do you sue for damage recovery? This is the first concern. It may be the driver, the owner/operator, the loading company, the manufacturer of the vehicle or any others. To understand the responsibility, you must first understand the cause of the accident. It is the task of your attorney to get help from an investigator to evaluate responsibility.

What does the investigator do? For starters, it is his job to identify the cause of the accident and help ascertain responsibility for the accident. He examines each aspect connected to the case the driver, the condition of the vehicle, the cargo, the road conditions, and so on.

He checks the qualification, training and experience of the driver as well as his physical and mental state during the drive, analyzes whether the inspection and loading of the vehicle were according to the regular standards of safety, finds out whether alcohol or drug abuse on the part of the driver was the cause, and such other aspects.

Numerous possibilities are there. Suppose the driver flouted the Hours of Service rule and his fatigue was the cause. Your attorney may file against the driver and the operator (based on the respondent superior rule). Suppose a faulty brake was the real reason for the accident. The manufacturer (of the faulty part) and the operator (lack of proper inspection) are at fault.

Each case is different and you need a proficient Birmingham truck accident attorney to determine fault. However, just that wont suffice. He needs to prove fault too. It is your attorneys task to accumulate evidence to support your claim. This may include the drivers personnel file, his qualification and training, trucking logs, driving records, safety records of the operator, witness testimonials and such others.

If you are searching for an Atlanta based criminal lawyer, or divorce lawyer, or the lawyer practicing personal injury, tax, civil rights etc., 800 Atlanta Lawyer directory is one of the authentic lawyer resource that can show you the way.

by: James Blatt

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