If you have been in an accident that involved a commercial truck, you may want to secure financial recovery by filing a claim against the other party. And for a successful claim, you must prove liability. Unfortunately, this is not an easy task and collecting evidence you can use to negotiate a settlement or win a verdict at trial requires the insight of an experienced Portland truck accident attorney.
The damage after a truck accident must cover all of your expenses and your pain and suffering. But first, you should determine the party to hold responsible for the accident. This way, you can access the right insurance company or file a valid injury claim.
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A Truck Accident May Involve More Than One Liable Party
Depending on the specific factors that caused your accident, the liable party could be an individual or entity you have never encountered. For example, if the accident occurred because of an overloaded or improperly loaded truck, liability may fall on the cargo loader or shipper. If the accident was caused by a defective truck part, a manufacturer or assembler could be held liable. If liability falls on more than one party, responsibility may be assigned based on the percentage of a party’s fault. Possible liable parties in a truck accident include the truck driver, the truck owner, the employer of the driver, the cargo loader, a parts manufacturer, the truck maintenance provider, and more. You must work with a reliable attorney, so you know how to investigate the situation and find the responsible party.
Proving Negligence is Key to Financial Recovery
After you sustained an injury in a truck accident and determine the responsible party or parties, you need to prove negligence through an insurance claim or a personal injury lawsuit. But, to prove negligence you must show that the at-fault party had the duty to act reasonably, breached the duty of care, the breach caused your injuries, and you suffered actual injuries.
Reasons You Need an Attorney
While you investigate a truck accident, you can run into many obstacles and you need an attorney to overcome them. Also, your lawyer makes sure critical evidence is not destroyed accidentally or intentionally. If the other parties refuse to cooperate, your attorney may recommend filing your personal injury lawsuit. Then, they will use the discovery part of the lawsuit t request documentation, data, and depositions of other parties. Your attorney will also contact the involved parties about evidence preservation and maintenance.