Getting hit by a commercial vehicle, like a semi-truck or other large freight transport, often leads to major injuries and vehicle damage. Because of the sheer size, scope, and power of commercial big-rigs, the responsibility for such accidents tends to fall with the truck operator. But, legally, who is liable in these situations? The accident attorneys at Cronin Skilton & Skilton, P.L.L.C.--with offices in Charles City and Nashua, Iowa--answer this question in more detail.

Strict Liability

In cases of strict liability, investigations into the accident scene have determined that the commercial vehicle driver was 100 percent at-fault for the crash. Accident victims have sufficient grounds to sue the driver in a personal injury lawsuit. Victims can seek compensation for a number of different setbacks stemming from the accident, including the costs of medical care, lost wages, pain, and emotional distress.

In certain instances, an accident victim might also have legal standing to file an additional lawsuit against other parties in business with the commercial vehicle operator. For example, a semi-truck transporting hazardous liquids crashes into a passenger vehicle. On top of the accident injuries, the hazardous liquids cause serious burns to the crash victims. In cases like this, the victim, together with their accident attorney, may be able to sue the company shipping the dangerous substances, especially if they did not inform the transport company of the risks their product carries.

Comparative Negligence

Many states, including Iowa, are comparative negligence states. What this means is that you, as an accident victim, can be found to have contributed to the accident in question without losing the right to compensation (so long as your contribution is less than 51 percent). The more liable you are determined to be for the accident, the less you can recoup in damages.

For instance, a passenger vehicle is rear-ended at a four-way stop by a semi-truck, and the car driver suffers major injuries. Upon investigation, it's discovered that the driver was texting and not paying attention to the road, thereby missing their turn to proceed at the four-way stop. This is a situation in which the comparative negligence rule would likely play a role.

If you've been involved in a commercial vehicle crash, let Cronin Skilton & Skilton, P.L.L.C., protect your rights and interests. For more than 80 years, they have been representing clients in accident and personal injury law cases, as well as other civil litigation matters. Call (641) 435-2462 or visit them online to set up a meeting with an accident attorney today.