You were driving behind a semi-truck that got out of control for seemingly no reason and caused an accident. Later you found out that the driver hadn't loaded the truck properly and the cargo shifted and caused the accident. Can you sue in this situation?
Overloaded Trucks Can Be Very Dangerous
Semi-trucks typically haul heavy loads from place to place and utilize a variety of safety standards to ensure that they are safe. Unfortunately, some truckers may not take the time to fully understand these factors and may put you at a risk of danger. Many of these accidents occur when the cargo shifts in a truck.
Cargo shifts typically occur if the truck is overloaded or if the driver didn't strap down the goods well enough. When the cargo shifts, the truck's center of balance can be easily overpowered and cause the truck to lose control. When this happens, the results can be quite catastrophic.
The dangers of this situation to smaller cars is often quite severe. Hitting an out-of-control semi-truck is likely to total your car and may even put you at a serious risk of personal injury. As a result, you need to know how to pursue this type of case to ensure that things go smoothly.
How to Win This Type of Case
In many situations, cases like these are often easy to win. You can subpoena the driver's records and put them into evidence, showing that they overloaded the truck. In some cases, you may be able to use photos of the poorly-strapped goods to prove liability, though this is often tougher.
As a result, you may find that the trucker or their parent company just wants to offer you a settlement. This offer typically means that they know they were to blame and are likely to lose the case. Try to avoid this and go for the money but make sure you understand defenses that they may try.
For example, the concept of shared liability may cause complications in your case. Essentially, the defendant will try to claim that you were driving too fast for the conditions or somehow contributed to the accident. If they can illustrate this fact, they may negate some of the lawsuit costs.
So if you were in a truck accident and you need professionals to help you get through a lawsuit, please don't hesitate to contact a truck accident attorney services firm right away. These experts fully understand the laws in place for this situation and will work hard to ensure that you get the money you deserve.
