Assessing Liability in
a Trucking Accident
Depending on the events that lead to the truck accident itself, a number of different parties may be held liable for causing the accident. These various parties include:
The truck driver can be found liable for an accident if the driver was found to be driving distracted, driving while fatigued, speeding, committing a traffic offense, or operating their vehicle without proper training.
The trucking company that hired the driver can also be found liable for the accident if the truck accident occurred due to company error, such as hiring an unqualified driver, setting unrealistic expectations, or inadequate safety inspections.
The truck manufacturer could be found liable for the accident if the traffic accident occurred due to a defective part, such as mechanical defects, mechanical failures, or faulty brakes.
Cargo loaders could also hold some level of liability in an accident for failure to properly secure, inspect, or balance the cargo or boxes within the truck’s cargo load. Oftentimes unsecured cargo can lead to balancing issues that cause an accident.
Maintenance personnel are often cited for liability following an accident for a number of different reasons that typically involve an oversight in performing their expected duties. Examples include a failure to perform routine maintenance, safety checks, or inspection of brakes, engine, electronic systems, and fluids.
Montana’s Modified Comparative Fault System
Montana uses a "modified comparative fault" system when assessing damages to those who are found liable. This means that accident victims who are found to share some level of fault in the accident can still recover damages, as long as their share of fault is less than that of the negligent party — meaning less than 50%. However, your award will be reduced according to your degree of fault. For example, if you were awarded $100,000 in compensation for injuries that you suffered in an accident, but the judge finds that you were 10% responsible for the accident because you were speeding, your compensation will be reduced by 10%, or $10,000. This means you will only be eligible to recover $90,000 from the $100,000 settlement that you were awarded by the court.
Work With an Experienced Personal Injury Attorney
Being injured in a negligent truck accident or losing a loved one to a trucking accident can be an extremely tragic and emotional experience. Such an accident can have a significant impact on your physical, mental, and financial well-being. The good news is, you don't have to go through these challenges on your own. Choosing to work with an experienced personal injury attorney is the first step you can take towards protecting your rights and pursuing the compensation you need for recovery.
At Gerstner Adam Law, our attorneys have the legal resources and experience to assist and represent victims of truck accidents in their injury claims. As your legal counsel, we can:
- Fight diligently to protect your rights and represent your best interests
- Review and investigate all the surrounding facts of your case thoroughly
- Gather all necessary information, required pieces of evidence, and documentation
- Fight to prove fault and establish liability
- Determine the full magnitude of your injuries and estimate case-value
- Handle all communications with the insurance company and work to negotiate a fair settlement
- If necessary, file a personal injury or wrongful death lawsuit
Ultimately, our attorneys will work to ensure that the responsible parties are held accountable. We will do everything we can to help you seek fair financial compensation that can cover medical expenses, lost wages and benefits, future medical treatment, and any additional pain and suffering you’ve been forced to endure. Our team can offer you the comprehensive legal guidance, assistance, and support you need during this critical period — so call or reach out today to schedule a free case consultation.