Can You Sue the Trucking Company After a Crash In Montana?
All car accidents with injuries are frightening, painful, and traumatic, but few accident scenes are as devastating as crashes involving large commercial trucks. A fully loaded truck can weigh as much as 80,000 pounds, looming over standard family cars weighing around 4,000 pounds. This weight discrepancy leaves motorists vulnerable to serious or catastrophic injuries in a crash. Motorists in other vehicles suffer about 70% of injuries and fatalities in crashes with a commercial truck, but can a truck accident victim in Montana sue the trucking company to recover compensation for their damages? Speaking with an experienced Bozeman truck accident lawyer can help you understand your rights and legal options.
Understanding Accident Claims vs. Lawsuits After a Truck Accident
Most traffic accident compensation claims are resolved through a claim against the at-fault party’s insurance, including in truck accident claims in Montana. A claim only becomes a lawsuit if the at-fault party’s insurance company wrongfully denies the claim or fails to offer an acceptable settlement to the injury victim. When this occurs, an assertive truck accident attorney representing the injury victim’s best interests files a lawsuit petition, suing the at-fault party in court.
When Is the Trucking Company Liable for Damages After a Montana Truck Accident?
The trucking industry is complex, requiring multiple independent parties to keep a truck well-maintained, safely loaded with secured cargo, and driven by a well-qualified driver who is rested and alert. After a Montana truck accident, the involved insurance companies investigate the accident. At the same time, an injury victim’s attorney conducts an independent investigation to determine the cause of the accident, the negligence that occurred, and the party or multiple parties liable for damages.
While the insurance companies seek to protect their profits, even at the injury victim’s expense, the attorney protects their client’s best interests. The trucking company may be liable for damages in a claim or lawsuit if the company’s negligence caused the accident. For instance, due to negligent hiring practices, negligent training, failure to provide regular drug and alcohol testing for drivers, or inaccurate or fraudulent driver-hour logging.
What Other Parties May Be Liable for Damages After a Truck Accident In Montana?
Depending on the results of the investigation, any of the following entities could be subject to a claim or lawsuit if they failed to follow Federal Motor Carrier Safety Administration (FMCSA) regulations or neglected to take reasonable care:
- The trucking company
- The truck driver
- A truck maintenance company
- A freight loading company
- The manufacturer of a defective tire or part
Less commonly, the investigation reveals other parties unrelated to the trucking industry that are at fault or that contributed to the accident, such as a negligent road maintenance agency or a third-party driver.
Proving the Legal Standards of Liability
Proving the at-fault party’s liability requires demonstrating through evidence that the negligent party owed a duty of reasonable care to the injury victim, they violated this duty of care. They caused an injury, and the injury victim suffered significant damages from the injury.
Recovering Damages After a Truck Accident In Montana
Truck accident injuries are often severe or catastrophic, resulting in significant economic and non-economic damages. A successful claim or lawsuit can recover damages such as past and future medical expenses, lost earnings, reduced earning ability, and compensation for pain and suffering. In some cases, additional damages are available for permanent injury or wrongful death benefits to the family member of a truck accident fatality victim. An experienced Bozeman personal injury lawyer at Beck, Amsden & Stalpes, PLLC can help you pursue the full compensation you deserve.