Grimes & Fertitta, P.C.

Hurt in a truck crash? Know whom to hold accountable

You were on the highway headed to work when you noticed that the truck driver next to you seemed to be nodding off. You pulled ahead of him and honked a few times. He motioned to you, so you assumed he was fine.

As you approached the exit, you started to slow down. Unfortunately, that driver was still nearby. He had fallen asleep again, and now he was driving between the lanes. You were unable to get out of the way fast enough, so you ended up in a rear-end crash.

In a situation like this, it's in your best interest to make sure that you let the police and others know what you saw. Did you see the driver sleeping? Did they seem sick or unwell? Were they acting recklessly? If so, then you should make sure others know those details and put them into the police report.

After a significant truck crash like yours, you may have injuries that take many months or years to heal. You could miss work and may have piles of medical bills to pay. It's in your best interests to make a claim against the driver and to hold them responsible.

How can you prove your case?

To prove your case, you need to show that the defendant owed a duty of care to you and others on the roads. You then need to show that the driver did not exercise reasonable care. Finally, show that the defendant's actions led to your injuries.

In your case, it would be fairly straightforward. You'd state that the driver had a responsibility to follow traffic laws and failed to do so by weaving out of the lane. You could show that they were not exercising care due to being too tired or impaired. Finally, you can easily use your medical documents to show that you were injured as a direct result of the other party's negligence or reckless behaviors.

In a truck accident case, there could be more than one defendant including the driver, their employer, their insurance company or others. Since there is a potential for a number of different defendants to be named in your case, it's a good idea to speak with your attorney about whom you can hold liable for the injuries you've suffered and what you should expect if you decide to take the case all the way to a trial.

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