Due to the intersection of Interstate Highway 90 “I-90” and Idaho State Route 95 “Hwy 95”, Coeur d’Alene sees plenty of commercial truck traffic on a daily basis. Unfortunately, the presence of these massive vehicles around smaller commuter cars creates an increased risk of serious roadway collisions, especially if commercial drivers and owners fail to operate their vehicles safely or ensure they are in good working order.
Whatever particular circumstances cause a collision between a semi-truck and another vehicle, seeking fair restitution for the consequences of that crash can be extremely difficult without a skilled personal injury attorney’s assistance. A Coeur d’Alene truck accident lawyer who is familiar with these cases and their procedural challenges could be a crucial ally throughout every stage of litigation.
In a typical auto accident claim, the injured individual generally alleges fault against, and pursues compensation from, the other driver involved in the wreck, based on some specific reckless or careless act that motorist engaged in. Some truck wreck claims work this way too. A truck driver who works as an independent contractor and causes a wreck by violating a traffic law or doing something else irresponsible behind the wheel could bear direct financial liability for injuries stemming from that accident.
However, individual truckers generally do not have the financial capacity or insurance coverage necessary to cover the long-lasting and life-altering damages that a person may sustain in an 18-wheeler accident. Instead, the best course of action may be to hold that truck driver’s employer liable for the consequences of the wreck.
This is possible in many cases through the legal doctrine of respondeat superior, which essentially holds companies responsible for the negligent acts committed by their employees, even if the company’s owners and officers were not directly involved in the incident. Alternatively, a CDA truck crash attorney could possibly help pursue litigation against a negligent third party, such as a mechanic that failed to replace a faulty truck component, or a supplier that did not properly secure cargo for transit.
Proving through a preponderance of evidence that someone else was responsible for causing a truck crash is unfortunately only half the battle. To maximize available compensation, you may also need to demonstrate that you yourself were not to blame for the circumstances that led to your injuries.
Under Idaho Code §6-801, any person who bears 50 percent or more of the total blame for their own personal injury is ineligible to recover any compensation for ensuing damages through civil litigation. Furthermore, any civil plaintiff who bears a lesser percentage of fault may be subject to a proportional reduction in whatever damage award they receive based on said percentage. An experienced lawyer could explain how this law works in more detail and how it might impact recovery after a truck crash in Coeur d’Alene during a confidential consultation.
Comparative fault is far from the only legal roadblock that could get in the way of comprehensive recovery following a truck accident. State law also establishes strict filing deadlines for personal injury claims, limits on how much compensation a plaintiff can recover for particular types of losses, and various other regulations that an unrepresented plaintiff may be unprepared to handle.
With all this in mind, the guidance of a knowledgeable Coeur d’Alene truck accident lawyer could make all the difference in your case’s final outcome. Learn more about how our team could help you by calling today.
Owens, McCrea & Linscott, PLLC