Being involved in an accident with a commercial truck does not always equate to an easy settlement. There are various factors that can have an impact on whether or not your case is settled in a timely fashion. If you were involved in an accident with a trucking company, it is important to understand those factors.  

The Responsible Party

One of the most difficult parts of an accident involving a commercial truck is determining who is responsible for covering the damages. The simple answer might seem to be the driver, but there are possibly bigger fish you can pursue.  

Unless the driver is an independent contractor, you can probably hold the trucking company responsible for the accident. The actions of the trucker are representative of the trucking company. Instead of pursuing the driver, you could go after the trucking company to net better results.  

Even if the trucker is an independent contractor, the details of the accident can have a bearing on whether he or she is solely responsible. It is possible that the manufacturer of the truck or its parts could be responsible. For instance, if the accident occurred because the brakes of the truck were defective, you could sue the manufacturer of the brakes. 

The Law

Commercial trucking is subject to strict rules and regulations. When those rules and regulations are violated and an accident occurs, you can use that to your advantage in your claim against the trucking company. 

Every action of the trucker and trucking company, including how the truck was inspected before traveling, has a rule or regulation attached to it. For instance, there are rules that govern how many consecutive hours a driver is allowed to drive. If it is determined that the driver exceeded that time, you can file a claim against the company alleging that its driver was not following the law.  

There are several logs that trucking companies and their drivers are required to keep, including maintenance logs. You will need to obtain those logs that pertain to the vehicle and driver that was involved in your accident. It is important that you obtain those immediately following the accident to prevent any potential for tampering of the documents.  

There are other factors that can influence how successful your accident claim against a trucking company or a driver is. To increase your chances of a successful resolution, work with a truck-accident lawyer, such as one from The Jaklitsch Law Group, as soon as possible.