kia soul hits semi truck what happens if the semi truck company gets lawyer to sur

by Rocky Cormier 5 min read

Who is liable for a semi-truck accident?

With most car accidents, the driver responsible for the accident is liable and their insurance company will pay out a settlement. When there is a semi-truck accident, however, there are several entities and people that may be liable for the accident. These people may include:

Do semi truck accidents take longer to settle?

Every semi truck settlement has a timeline, and some may take longer than others depending on a few general variables. However, it can be confirmed that a semi trucking accident will generally take longer than a regular car accident settlement. Some common factors to help get a better understanding on how long the timeframe may be include:

What are the dangers of large semi trucks?

Large semi trucks with huge amounts of cargo results are generally extremely heavy and can cause serious, lifelong injuries and death.

Do you need to investigate a semi-truck accident?

If you or a loved one was the victim of an accident with a semi-truck, you need to investigate the driver’s conduct, because the driver (and the company the driver was representing) may be at fault. Truck driving accidents occur for a multitude of reasons. An accident may have occurred because the company hired an incompetent driver.

Are truck drivers responsible for damages?

If the truck driver's negligence caused the accident, they, or the company they work for, are responsible for the damages. However, most truck drivers and the companies they work for have commercial liability insurance, so insurance companies will almost always be the entity that actually pays for damages.

What happens when a semi truck hits a car?

Report the incident to the police. Nearly every vehicle accident in California needs to be reported to the police and the DMV. Responding police officers will be able to ensure the safety of the scene, preserve evidence, and conduct an investigation to determine liability in the incident.

Are semi trucks always at fault?

A negligent truck driver may have caused your accident, but they are not always at fault, which is why it is essential to look at all parties and factors in a collision to determine who is responsible for the victim's damages.

Do truck drivers get fired for accidents?

Yes, truck drivers get fired for accidents. There are multiple factors that can go into a driver being terminated for involvement in a commercial vehicle crash.

What does D13 in a car crash mean?

Driver WeightD20-Date of Last Accident, Suspension or Conviction. D21-Violations Charged. D22-Related Factors - Driver Level. D13-Driver Weight. D3-Vehicle Number.

When a large heavy truck collides with a passenger car the occupants of the car are more likely to be hurt than the truck driver why?

When a large heavy truck collides with a passenger car, large momentum of the truck is transferred to car and small momentum of car is transferred to car and small momentum of car is transferred to truck. So, the occupants of the car are more likely to hurt than the truck driver.

What should a driver do in case of an accident?

So, when you are involved in an accident stay at the accident spot and report it to the police. If possible, try to get medical assistance to the injured. Forget to call the police - Some people are of the opinion that the cops need to be alerted only if there is a death resulting from the accident.

Can a trucking company leave you stranded?

Yes, trucking companies can get away with leaving a driver stranded, and there is no state or federal law that will tell them otherwise. However, some of the things they legally cannot do to their drivers are: Charge them high fees for truck damage or minor accidents.

Can a truck driver refuse a load?

There are several completely legitimate reasons to refuse a load. The first is mechanical issues. If your truck is not in safe condition to drive, don't take the load. Similarly, if YOU are not in a safe condition to drive because of illness or exhaustion, don't take the load.

How do semi trucks tip over?

Some of the most common ways a big rig can overturn include: Speeding – Going too fast through a curve can throw off the truck's center of gravity and cause it to tip over. Big rigs also need more time to slow down for sharp turns, stops, traffic jams, and hazardous road conditions.

Why do semi trucks roll over?

Because semi-trucks have a higher center of gravity, they roll over more easily than a car. If a truck turns too quickly, it can become unbalanced and start swaying to one side which can lead to a rollover. It's not just unsafe driving that can cause rollovers - not properly securing a load can cause rollovers, too.

Why do trucks overturn?

When a truck travels along a curved path, centrifugal force causes it to lean away from the direction of the curve. The result can be a “rollover” in which the truck overturns. Tractor-trailers are particularly vulnerable because of the trailer's high center of gravity and frequently unstable loads.

Why do tractor trailers roll over?

Rollovers happen when a truck has to change direction too quickly, resulting in the heavy trailer and the attached cab tipping over onto their sides.

Why Do Truck Driving Accidents Occur

Truck driving accidents occur for a multitude of reasons. An accident may have occurred because the company hired an incompetent driver. A driver may have been intoxicated while driving, or it is possible that the driver was sleep deprived and not following the federal rules on the maximum number of hours a driver can work per shift.

What Should I Expect After An Accident Where The Truck Driver Is At Fault?

After all the facts are gathered, consult an experienced Arkansas commercial vehicle accident attorney. If you believe that the truck driver was at fault, it is important to consult an attorney as soon as possible so that there is no loss of evidence from the simple passage of time.

Negligent Hiring, Entrustment, Supervision or Retention

Negligent hiring may be found where an employee had a reputation or record that demonstrated his or her propensity to act in a negligent behavior, and yet the employer still hired the employee. Sometimes, negligent hiring may occur where an employer did not use due diligence in hiring an employee.

Vicarious Liability

Vicarious liability, put simply, is a theory of law in which a superior is responsible for the acts of a subordinate. This means that a third party (such as a truck company) has the right, ability, or duty to control the activities of a violator (employee truck driver).

Broker Liability

Sometimes, truck drivers are considered independent from any company or employer. This makes theories of liability such as negligent supervision and negligent retention much more difficult to assert. Broker liability fills in the gaps where such claims as negligent supervision and negligent hiring are not completely applicable.

What to Do After a Semi Truck Accident

According to Florida Department of Transportation statistics, there are over 400,000 accidents per year on our roads. From a percentage standpoint, very few fatalities and injuries are from a semi-truck accident, with just under 5,000 incidents reported.

About the Author: Brent Probinsky

I grew up in Miami, Florida and enjoyed its rich multi-cultural community. As a student, I traveled to Latin America and learned Spanish in Mexico and Portuguese in Brazil. I have always enjoyed working with young people and have been a Big Brother, a mentor for high school kids. I give scholarships to students in developing countries.

1. Larger Insurance Policies

Larger trucks are forced to carry insurance policies that are worth a lot more money than the ones for regular cars. If you’ve been hurt in a car accident with a semi truck, you should know that the insurance adjusters will do almost anything to pin some of the blame on you.

2. Stricter Regulations

About 25% of all truck accidents occur because the truck’s brake system was not working properly. Trucking companies are required by law to perform repairs. Don’t be intimidated if you’ve been in an accident with a truck. Get a good lawyer and they will work to get you the best outcome for your court case.

3. Greater Chance of Injury

If you’ve had a car accident with a semi truck, chances are pretty good that you’ve been injured. More than 80% of all fatal truck accidents involved the driver of the other car, not the truck driver.

What Truckers Should Know About Trucking Laws

If your job has you driving a semi truck or bus, you should always keep accurate records. If you accidentally hit another driver, do the responsible thing and give them all of your information. Make sure that you check on your cargo, especially if it’s hazardous.

Semi-Truck Injury Settlements and Jury Awards

If you’re lucky enough to walk away from a tractor-trailer accident with minor injuries, you can expect a settlement amount ranging from $3,000 to $10,000 from the at-fault driver’s insurer.

Who Pays for Tractor-Trailer Crash Injuries?

Truck drivers who violate traffic laws or trucking regulations are negligent . This means they did something wrong or failed to act as a reasonable driver would.

Higher Injury Payouts Start at the Scene

If you are alert and able to move around, what you do at the scene of the trucking accident can impact the success of your insurance claim. Here are the steps you should take after the crash.

Collect Evidence Throughout Your Recovery

Proving negligence in a truck accident case may hinge on crucial information about the truck driver and the driver’s regulatory compliance.