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Determining liability for accidents involving trucks

By May 25, 2022April 21st, 2023No Comments

A vehicular accident involving a truck can leave you with devastating injuries. Therefore, Idaho has strict laws to regulate the use of commercial trucks and their operation.

However, despite attempts to ensure the safety of all motorists, these laws do not eliminate accidents involving trucks.

What causes commercial trucking accidents?

Accidents involving commercial trucks are often due to negligence from the truck company’s owners or drivers. Examples of negligence include:

  • Failure to undergo routine inspections
  • Driving too many consecutive hours without a break
  • Driving at dangerous speeds for the truck’s weight and size
  • Driving under the influence of alcohol or drugs
  • Carrying loads exceeding safety limits

An investigation can determine the cause of an accident to determine liability.

Who could be liable for accidents involving commercial trucks?

Accidents involving commercial trucks require multi-level investigations compared with those involving standard passenger vehicles, primarily due to the trucks’ capacity for extensive damage. Ultimately, trucking companies may be responsible for mistakes and violations by their drivers or failure to comply with safety guidelines. In addition, truck parts and system manufacturers may also be responsible for defects leading to accidents.

However, Idaho’s modified comparative negligence laws assign damages in proportion to a plaintiff’s percentage of responsibility for an accident. Therefore, passenger vehicle drivers who are at least 50% percent responsible for an accident may not recover any damages. Otherwise, they may receive damages to cover medical bills, lost wages, pain and suffering, permanent disability and emotional distress. In addition, proving the driver or trucking company’s intentional wrongdoing may also result in punitive damages.

Getting prompt medical attention is essential in the immediate aftermath of a truck accident. The next step involves proving liability and pursuing the damages you need to help you and your family navigate the long road ahead.

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