Truck accidents are never simple issues. These accidents often cause catastrophic injuries for those in the smaller passenger vehicle and are responsible for many accident-related deaths.
To make matters more complex, federal and state laws regulate the trucking industry, which often has multiple responsible parties and can have more than one insurance company involved in the compensation claim.
This is where a truck accident lawyer can help. They can assist you in navigating the complex legal and regulatory system of the trucking industry and help you secure the compensation you deserve for your injuries and losses.
A skilled truck accident lawyer will be familiar with the laws and regulations governing the trucking industry and know how to identify potential violations that may have contributed to the accident.
A truck accident attorney will work to establish liability and help you obtain maximum compensation for your losses, including medical bills, lost wages, and pain and suffering.
They will also have experience dealing with the insurance companies involved in the compensation claim. They will know how to negotiate on your behalf to ensure you receive a fair settlement.
Sometimes, they may need to take the case to court to ensure you receive the compensation you deserve.
If you or a loved one has been involved in a trucking accident, it is important to seek the guidance and representation of an experienced truck accident lawyer. They can help you protect your rights, navigate the complex legal system, and secure fair compensation for your injuries and losses.
Common Causes Of Trucking Accidents
Trucking accidents can happen for any reason. However, a few reasons are more common than others. Some of the most common reasons for trucking accidents include the following:
Driver Fatigue
Tight deadlines are one of the leading causes of driver fatigue. Truck drivers with fatigue pose a threat to other drivers because;
- Fatigued drivers have slowed reaction times
- Fatigue can impair decision making
- Fatigue can lead to nodding off or falling asleep behind the wheel
- Fatigue can also make it harder for the driver to keep physical control of the truck and trailer
Some drivers will use caffeine and other stimulants to stay alert while driving when they are fatigued. These stimulants may wake the driver, but fatigue still diminishes their driving skills.
Equipment Failure
Improperly maintained trucks and trailers can lead to an accident. Drivers put a lot of mileage on these trucks, and maintenance is required more often. Bad tires, brakes, or lighting can lead to an accident.
Trailers that have been hooked up improperly also present a danger. Trailers loaded incorrectly can also cause a truck to jackknife or tip over.
Driver Errors
- Driver errors can include many different things, such as:
- Inexperienced driver or driver that has not been adequately trained
- Failing to follow speed limits
- Distracted driving
- Failing to monitor blind spots
Indeed, having legal representation is critical for anyone involved in a trucking accident. As previously mentioned, these accidents are complex and can have multiple responsible parties, such as the truck driver, trucking company, or manufacturer.
A skilled truck accident lawyer can investigate the accident, review evidence, and determine who is liable for the accident. They can also handle negotiations with insurance companies to ensure you receive maximum compensation for your losses, including medical expenses, lost wages, and pain and suffering.
Additionally, having a truck accident lawyer can help protect your rights and ensure you do not inadvertently waive any critical legal protections. The legal system can be complicated and intimidating, but a truck accident attorney can provide guidance and support throughout the legal process.
If you have been involved in a trucking accident, it is vital to seek legal representation as soon as possible. This can help to ensure that evidence is preserved and your rights are protected. Contact an experienced truck accident lawyer to discuss your case and options for pursuing compensation.
Federal and State Laws Apply To Truck Accidents
Title 49 of the Federal Code of Regulations is where you will find a bulk of the laws regarding the trucking industry. These regulations set the standards for the trucking industry, including owner-operators and company truck drivers.
These laws regulate everything from how many hours a driver can work daily to how much weight a truck can carry.
Drivers cannot work more than 60 hours in 7 consecutive days and cannot drive more than 11 hours in one day. Drivers must have a 10-hour break between shifts for rest, and if they take a day off during the week, they still cannot exceed 70 hours of driving time in an 8-day period.
Federal law requires that every driver keep a log book showing the hours they were operating a vehicle. Most log books are now digital records connected to the truck so that the log book records the time the vehicle is moving automatically.
Your attorney will investigate the driver’s logbook to see if they operate outside these guidelines. Violations of federal laws can hold additional penalties for the driver or trucking company.
State laws also affect the trucking industry. States have the right to determine how fast a truck can operate on its roads if there are designated truck lanes or routes that must be followed and may also have additional sleep or time off requirements for drivers. These laws will be evaluated for compliance when a truck accident occurs.
Who Is Liable For A Trucking Accident?
You may be surprised to know that when a trucking accident happens, the driver may not be the responsible party or could be one of many responsible parties for the event.
Parties that could be held responsible for a truck accident include:
- Truck driver
- Truck Company
- Owner of the trailer
- A company that loaded the trailer
- Maintenance company
- Manufacturer of faulty parts
Truck Driver
The truck driver can be held responsible for the accident if it is found that they acted negligently behind the wheel. This applies to company drivers as well as owner-operators. Negligent actions can include failing to obey traffic laws to distracted driving.
Truck Company
Trucking companies often try to shield themselves from the responsibility of trucking actions by using independent drivers to move their goods. However, many factors must be addressed to see if the company still had responsibility for the accident.
Having an attorney manage your truck accident claim will ensure that the trucking company is evaluated for any responsibility for the accident, even if the driver was a contract driver.
Owner of the Trailer
The trucking industry is unique in the fact that many of the trailers that are on the roads are not owned by the driver or the trucking company that is managing the shipment. Many companies own trailers and contract truck companies to move their filled trailers.
If these companies do not adequately maintain these trailers, they can be held responsible for any accident resulting from trailer failure.
The Company that Loaded the Trailer
Trailers must be explicitly packed to ensure they move safely down the road. This includes weight distribution on the axles and ensuring the cargo is secured and will not move during transport. If the company that packed the trailer did not follow these guidelines, they could be held responsible for any accidents resulting from their negligence.
Maintenance Company
If the company performing maintenance on the truck and trailers can be found negligent if the maintenance work was not performed correctly or if the wrong parts were used.
Manufacturer of Parts
If it is found that a wrong part was responsible for the accident, the manufacturer can be held responsible for the accident. This can include the original manufacturer or any after-market parts used on the vehicle.
Steps To Take After A Truck Accident
After a truck accident, there are several steps you should take to ensure your rights as an injury victim are protected.
The first and most important step is to contact emergency services and get immediate medical attention. The injuries from a truck accident can be severe, so it is essential to seek medical evaluation as soon as possible.
Next, you must document everything you can remember about the accident. This can include taking pictures at the accident scene, noting the weather and road conditions, and writing down any details you remember about the incident. This information can help build a solid case to support your compensation claim.
Contacting a truck accident attorney as soon as possible is crucial. Trucking accidents are complex issues, and it will always be in your best interest to have legal representation. An experienced attorney can help gather evidence, build a strong case, and negotiate with insurance companies to ensure you receive fair compensation for your injuries and losses.
During the investigation, your attorney may also be able to identify additional parties responsible for the accident, such as the trucking company or the truck’s manufacturer. This can significantly impact the outcome of your case and the compensation you receive.
The most critical steps after a truck accident include the following:
- contacting emergency services
- seeking medical attention
- documenting everything
- contacting a truck accident attorney
By taking these steps, you can protect your rights and ensure that you receive fair compensation for your injuries and losses.
Speak To A Truck Accident Lawyer Today
Being involved in a truck accident is traumatizing. When trying to manage your injuries, you should not face all of the complicated legal issues after the accident yourself.
To be connected with a truck accident attorney in your area, please click the “Find a Lawyer” button. We will connect you with local attorneys with the skills you need to manage a trucking accident claim.