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How do you determine liability in a truck accident?


Residents in West Virginia understand how any type of accident could seriously impact the lives of a victim and their loved ones. After a truck accident, a victim could suffer greatly. These massive vehicles often cause severe damage and could temporarily or permanently disable an individual involved. Understanding the cause of a truck accident is crucial in order to file a civil suit.

When a personal injury or wrongful death action is filed, the accident must be investigated and fault must be assigned. However, the investigation doesn't necessarily end there.

The injured should determine if anyone other than the truck driver can be held liable. Under some circumstances, the employer or the trucking company is liable for the actions of the employee or truck driver. The injured should also find out whether a criminal case was filed against the truck driver for the accident. If the driver is charged and convicted, a victim could use that information in their civil action in order to help him or her establish fault in a claim for compensation to cover their losses and damages related to the accident.

Lastly, the victim should note the details of all the damages suffered. This helps them to arrive at a total amount of damages incurred due to the accident, but also assigns damages if more than one party is determined to be at fault in the accident.

The injuries suffered in a truck accident can be life-changing, leading not only to medical expenses but to reduced income. A lawsuit can help the injured to recover compensation, but it can be difficult to understand how the process works or where to begin. This is why victims should seek guidance about their legal remedies so they can take appropriate action and protect their rights.

Source: FindLaw.com, "Truck Accident FAQ," accessed Nov. 6, 2014

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