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truck and car accident
November 9, 2023

Who Is Liable for a Truck Accident?

Commercial vehicle accidents are more complex than crashes between passenger vehicles, which can make it difficult to determine truck accident liability. Unfortunately, when a truck is involved in a wreck, the injuries are often more severe, making the proper establishment of liability all the more important. Holding the liable party or parties accountable can help ensure you receive the full compensation you are due.

If you’ve been involved in a semi-truck crash, the team at Mandell, Boisclair & Mandell, Ltd. is here to help. With nearly 50 years of experience, we have the knowledge and resources to help you secure the compensation you deserve.

If you have been injured or a loved one has been killed in a large truck accident, contact Mandell, Boisclair & Mandell at (401) 273-8330 to schedule your FREE case evaluation today. Located in Providence, we welcome clients from all surrounding areas of Rhode Island.

Who Can Be Held Liable for Truck Accident Injuries?

Determining who is at fault in a truck accident isn’t as straightforward as it might seem. Unlike accidents involving only passenger vehicles, truck crashes often have multiple parties that could be held liable.

An in-depth investigation is crucial for achieving a successful outcome in your truck accident case. The lawyers at Mandell, Boisclair & Mandell conduct thorough investigations to properly establish truck accident liability by looking into parties including:

The Truck Driver

According to the Large Truck Crash Causation Study, some of the key behaviors that lead to truck driver liability include:

  • Excess Speed
  • Distracted Driving
  • Impairment
  • Fatigue
  • Failure to Obey Traffic Laws

The Trucking Company

If the driver is employed by a trucking company, the company itself may also bear some responsibility for the accident. Factors that can contribute to their liability include:

  • Negligent Hiring
  • Poor Maintenance
  • Encouraging Unsafe Practices

Shipping and Loading Companies

Sometimes, the fault doesn’t lie with the driver or the company that employs them, but rather with the company responsible for loading the truck’s cargo. They may be liable for things such as:

  • Overloading
  • Unbalanced Loading
  • Improper Securing of Cargo

Parts Manufacturers

If a defect in the truck or any of its components contributed to the crash, the manufacturer of the defective part may be held liable through a product liability claim. Possible defects could be:

  • Faulty Brakes
  • Steering System Failures
  • Tire Defects

Multiple Parties

In many cases, truck accident liability is shared by multiple parties. When this happens, it is essential to be prepared for negotiations with several different insurance companies and legal teams—none of whom will have your best interests in mind.

When you choose Mandell, Boisclair, and Mandell for representation, we will protect you from any efforts employed by insurance companies to pay you less than you deserve. We have a long and proud history of securing significant settlements and verdicts for our clients. We are prepared to take your case as far as needed to help ensure justice is served.

How Is Liability Determined Following a Truck Accident?

Determining truck accident liability typically involves an investigation. In some cases, factors that are not immediately obvious will turn out to play a major role. Unearthing all factors may require:

  • Accident Reconstruction
  • Assessment of All Involved Driver’s Actions
  • Analysis of Maintenance and Inspection Records
  • Review of Eyewitness Accounts and Multimedia Evidence
  • Examination of Police Reports
  • Evaluation of Examination of Road Conditions

Legal Assistance Throughout the Investigative Phase

The complexities involved in determining truck accident liability are enormous. Victims stand a better chance of unmasking all liable parties and forming a stronger case when they have experienced legal representation. The Providence truck crash lawyers at Mandell, Boisclair & Mandell are comprehensive in their approach, ensuring that every piece of available evidence is considered in the building of your case.

By undertaking this in-depth investigative approach, we have had tremendous success establishing truck accident liability. This helps ensure those responsible for your injuries are held to full account and maximum compensation can be sought.

Can I File a Lawsuit If I’m Partially to Blame for a Truck Accident in Rhode Island?

You can still file a personal injury claim if you played a role in a large truck accident. However, the extent of your role will directly impact the amount of compensation you ultimately receive.

Rhode Island has instituted a pure comparative negligence law where the damages you can recover are reduced according to your share of the fault in the accident (see R.I. Gen. Laws § 9-20-4.) Unlike many comparative negligence states, accident claimants in Rhode Island are not barred from recovery, even if they are determined to be 50 percent or more at fault for the crash.

You may be able to recover compensation for a semi-truck accident even if you are partly at fault. However, it is important to recognize that truck accident liability is extremely difficult to assess. Maybe your share of liability isn’t quite as large as you think. You should never admit to fault when talking to witnesses, other involved drivers, police, insurance adjusters, or anyone else. A comprehensive investigation is likely needed to uncover all contributing factors.

Should I Contact a Truck Accident Lawyer?

While you are not required to hire a truck crash attorney in Rhode Island, navigating the labyrinth of legal complexities surrounding these accidents is not something you want to do alone. A truck accident attorney can assist with every aspect of your case, including:

  • Gathering and Evaluating All Needed Evidence
  • Accurately Assessing Economic and Non-Economic Damages
  • Negotiating With Insurance companies
  • Representing Your Interests in Court

Most truck accident claims settle before they head to trial, but this is not always the case. Having a proven litigator on your side is essential in these situations. Our award-winning Providence personal injury attorneys have decades of experience both in and out of the courtroom. We are here to review your claim free of cost and obligation, to help you determine your next best steps.

Mandell, Boisclair & Mandell Fights for Victims of Truck Accidents

Mandell, Boisclair & Mandell operates on a core set of values that include honesty, empathy, respect, and fairness. These values are not just words but principles that guide every interaction we have with our clients. Our attorneys and staff are actively involved in the day-to-day proceedings of each case, ensuring the most personalized attention.

We understand that you’re going through an emotionally taxing time. Our firm has been serving clients in catastrophic injury and wrongful death claims for forty years—and we back every case with our No Fee Promise. If we don’t win your case, you won’t pay for our services.

Mandell, Boisclair & Mandell will guide you through the complexities of the legal process while keeping your best interests at heart. We will give you the space you need to recover while we fight to secure the compensation you rightfully deserve.

Contact Us for a FREE Case Evaluation

Navigating the aftermath of a truck accident can be overwhelming, but you don’t have to go through it alone. Contact Mandell, Boisclair & Mandell today for a FREE case review. We serve victims of truck crash injuries in Providence and throughout Rhode Island.