Edmiston and Colton Law Firm - Personal Injury

Recovering Compensation For The Injured
in Billings, Montana

Factors to consider following a commercial truck accident

It is important that truck accident victims in Montana and elsewhere understands the dynamics of a commercial truck accident and how the unique aspects these accidents apply during civil litigation. In order to address federal and state trucking regulations and potential third-party liability, victims of a commercial truck crash need to understand beyond the basics of what happened during the collision. While it is important to immediately initiate an investigation to collect evidence, it is also important to understand where to look and what to look for during the investigation.

In order to establish cause and liability, evidence from the scene and the vehicle involved is necessary. This might mean impounding the vehicles as a means to preserve evidence. It is also important to obtain witness statements. Additionally, Internet and social media searches of the truck driver and the trucking company should not be overlooked. Finally, the driving history of the truck driver, the black box from the commercial truck and the history of the trucking company's Department of Transportation audits should be investigated.

Once evidence has been collected, it is essential to consider whether there were any compliance issues with any federal and state highway safety regulations or traffic laws. This could relate to speeding, hours of service and fatigued driving. If any form of negligence was the cause of a truck accident, this could place liability on the truck driver.

Finally, victims of a truck accident should consider whether any third-party liability applies. A trucking company could face partial or full responsibility and liability of a truck accident if their negligence contributed or caused a truck accident. This could occur if a truck driver was not properly trained but entrusted to operate a commercial vehicle.

A truck accident has the tendency to result in serious injuries and damages. Those harmed in a truck crash may have recourses available. A personal injury lawsuit could help a victim recover compensation for losses and damages.

Source: Huffington Post, "A Brief Introduction to Commercial Truck Accident Litigation," Brad Reid, Sept. 19, 2016

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