Who Is Liable After an 18-Wheeler Accident?
Request Free ConsultationThe trauma and distress of an 18-wheeler accident in Washington continue long after the crash, when an injury victim or the family member of a fatally injured truck accident victim navigates a compensation claim with multiple potentially liable parties. This process typically occurs at the same time that they are recovering from injuries and emotional trauma.
Identifying the liable party and proving them at fault for the accident takes a skilled investigation by an attorney representing the injury victim’s best interests rather than those of the insurance company.
A Kent truck accident lawyer can provide the legal support and guidance necessary to build a strong case, gather crucial evidence, and fight for full and fair compensation on your behalf.
What Are the Common Causes of 18-Wheeler Truck Accidents In Washington?
Commercial trucks like large 18-wheelers commonly cross state lines, leaving the industry subject to regulation by the Federal Motor Carrier Safety Administration (FMCSA). This agency puts strict regulations in place to minimize the risk of deadly truck accidents when immense commercial trucks share the roadways with smaller vehicles.
If only one of the many entities and individuals responsible for putting an 18-wheeler truck on the road violates regulations or fails to take reasonable measures, the results can be a catastrophic accident. Common causes of 18-wheeler accidents in Washington and elsewhere include the following:
- Drowsy driving
- Distracted driving
- Speeding
- Unsafe lane changes due to extended blind spots
- Wide-turn accidents
- Tailgating
- Aggressive driving
- Improper merging
- Improper passing
- Tire blowouts
- Unbalanced or improperly secured loads
- Inadequate truck or trailer maintenance
- Defective truck parts or equipment
- Impaired driving
After a commercial truck accident in Washington, the involved insurance companies assign adjusters to investigate the accident. Unfortunately, insurance companies are in the business to make profits and are not on your side.
Who Could Be Liable After an 18-Wheeler Truck Accident In Washington?
Because it takes many different individuals, companies, and other entities to keep a well-maintained truck on the road with a secured load and driven by a well-qualified driver, many entities could be at fault for the accident, or several entities could have contributed to the accident and share liability under Washington’s pure comparative negligence accident laws. Depending on the cause of the accident, one or more of the following entities could be liable for an injury victim’s damages:
- The driver, if they are an independent contractor and not an employee
- The trucking company
- A negligent truck maintenance company
- A negligent freight-loading company
- The manufacturer of a defective truck tire or part
The investigation sometimes reveals that other entities unrelated to the trucking industry are at fault. For example, a negligent road maintenance agency that left uneven lanes or a pothole, or a road planning agency that designed a confusing intersection.
What are the Legal Standards of Liability for a Truck Accident Claim?
Proving liability requires identifying the careless, reckless, or wrongful action that caused the accident. These are all examples of negligence. To meet the burden of proof of liability, an injury victim’s attorney must document evidence demonstrating the following:
- The at-fault party owed a duty of reasonable care to the injury victim
- They violated their duty of care by acting negligently
- The negligent action directly caused the accident and injury
- The injury victim suffered damages from the accident
Truck accident damages are often extensive, with serious or catastrophic injuries and fatalities. The injury victim must prove the at-fault party’s liability under Washington’s fault-based insurance laws.
How Can a Kent Truck Accident Lawyer Help?
Proving liability for an 18-wheeler accident often takes a skilled investigation with access to respected accident reconstruction specialists and crash forensic experts. If you or a loved one suffered serious injuries in a truck accident, contact us at Caffee Accident & Injury Lawyers for experienced representation in your claim.