If you have suffered life-changing injuries and trauma in a major accident involving a commercial vehicle, it is only natural to think about your rights. Can you sue the truck driver? Or, if you think broader, can you sue the shipping company? The same questions apply to families of truck accident victims who want to know what their rights are and what steps they can take to seek justice after one of these catastrophic events, especially if the accident resulted in a tragic death for the victim .
As a victim or family member of a victim, you should know that you can sue a haulage company as well as the driver and possibly even the manufacturer of the truck parts. Of course, to successfully prove that these parties are liable, you need to identify an experienced attorney to guide you through the complexities of these type of cases. In addition, to successfully file a lawsuit against any of these parties, you must be able to demonstrate the negligence that led to the crash.
From a legal point of view, accidents with a commercial vehicle are different from normal accidents with passenger cars. Commercial vehicles, drivers and haulage companies are subject to separate laws and regulations that affect how victims of accidents should deal with these vehicles.
Furthermore, in a commercial vehicle and passenger car accident, the people in the smaller vehicle are far more susceptible to serious injury or even death due to the simple fact that the commercial vehicle is so much larger and exponentially heavier. This is another reason why skilled, knowledgeable accident attorneys are essential for accident victims and their families after one of these life changing accidents.
Unfortunately, being involved in a truck accident can be overwhelming and trucking companies can take advantage of the fact that many victims do not know what best steps to take after one of these accidents.
What to do after a truck driving accident?
After a truck traffic accident, you may not be sure what to do next. It is difficult to know what steps to take or what legal rights you might have, especially if you are receiving medical attention for frequent, serious or debilitating injuries from truck accidents. If you were seriously injured in the crash or lost a loved one, the next step after seeking medical treatment is to hire an experienced personal injury attorney to guide you through the process of filing a lawsuit against those responsible for the crash responsible person or the parties responsible for the fall. Finding compensation after a commercial vehicle accident is a complicated process because of the specific laws and regulations that apply to commercial truck drivers, the vehicles they drive, and the trucking companies that use them. A lawyer with a thorough understanding of these areas of law can ensure you have the best possible chance of getting the compensation you deserve and holding those responsible to justice.
Once you’ve chosen an attorney to represent you, you are free to share everything you can about the accident: exactly what happened, in what order and why, plus all the details of any injuries you sustained, related medical bills and damages on your car or other property. These elements all play a role in determining who was responsible for the crash, filing a claim, and pursuing damages. Loss of wages, a loss of ability to work in the future and emotional pain and suffering can also be factors in your entitlement. While every personal injury case is different, these are usually taken into account after a major accident involving a commercial vehicle.
If you have been involved in a commercial vehicle accident, depending on the specifics of your situation, you may be able to sue the commercial vehicle driver and the shipping company they work for, and possibly even the manufacturer of one or more people of the parts of the truck if a part failed and contributed to the crash. Who can be held liable for damage depends on the cause or causes of the accident.
Common Causes of Crashes: What Truck Accident Statistics Show
Truck accident statistics have shown that truck driver fatigue is a leading cause of truck accidents. Truck drivers who fail to adhere to regulations that limit the legally permitted driving time on a route can be held liable for damage to the victim if it is found that the driver’s fatigue was a factor in the accident. Truck drivers who were found to be under the influence of drugs or alcohol at the time of the accident can also be held liable for damage, as these substances change both perception and response time and large, heavy trucks significantly more Requires braking time and distance than smaller vehicles.
The statistics on truck accidents compiled by the Insurance Institute for Road Safety (IIHS) in 2017 showed that more than 4,100 people were killed in major truck accidents that year. Statistics highlight the fact that most deaths from commercial vehicle accidents are the occupants of the smaller vehicle. Large trucks can be 20 to 30 times heavier than passenger cars, trucks, or vans. These massive vehicles also have a lot more ground clearance. For these reasons, the driver and passengers in the smaller vehicle are far more susceptible to death or serious injury than the occupants of the commercial vehicle.
Data from the IIHS also showed that nearly 75 percent of deaths in accidents involving large trucks were tractor units as opposed to single-unit trucks. This suggests that splitting the road with tractor units poses an additional risk. Only 32 percent of deaths in large truck accidents occurred on freeways or highways, while 67 percent of all truck crash deaths occurred either on back roads or on main roads that were not highways. Many people avoid driving on the freeway in part because they fear sharing the road with large trucks, but the truth is, data suggests that sharing the freeway is less dangerous than a smaller road.
While laws have been put in place to reduce the number of injuries and fatalities in trucking accidents, the victims of these accidents and their families would argue that these tragedies are still far too common.
What does the truck accident law require of drivers and companies?
The Truck Accident Act requires that commercial truck drivers have the appropriate driver’s license for the type of vehicle and the purpose for which they are driving it. If the driver involved in the accident was not properly licensed, it can become a point of dispute. If drivers did not have proper breaks and rest times between breaks on the road, or if they were driving an overloaded truck that did not meet the correct weight requirements, those circumstances can also affect your case against them or the company they are working for.
These are just a few examples of how the trucking accident law can affect a legal case following a trucking accident. Because trucking laws are so extensive and complex, and can vary from state to state, there are many other similar examples. In your specific case, other areas of truck law may come into play, e.g. B. the regulation of trucks carrying dangerous substances, or the inspection and maintenance requirements of the freight forwarders.
If the truck’s brakes, or some other part, fail and cause the accident, that’s an important part of your case too. In these situations, victims of truck accidents can sue parts manufacturers together with the driver and the shipping company for damages. Victims can even sue the truck’s loaders if it is determined that the truck was either too heavy or was carrying improperly distributed cargo if those conditions resulted in the crash.
When truck accident victims claim personal injury, their attorneys need to be able to prove that someone acted negligently – that is, they had a duty of care that they violated. Commercial vehicle drivers, for example, are required to maintain proper licensing. Follow all industry regulations, including laws limiting driving time on the road. and drive carefully when operating their trucks. For their part, freight forwarders also have certain tasks, e.g. B. the appropriate training of their drivers and compliance with the requirements for maintenance and inspection of vehicles. If either or both of these parties negligently perform their duties, they may be held liable for damage in the event of an accident.
How to file a lawsuit against a shipping company
If you’ve been the victim of a commercial vehicle accident or a loved one has been seriously injured or killed in a commercial vehicle accident, you need to know the steps required to claim compensation from a haulage company.
The first and most important step is to consult an attorney who can determine whether or not you have a strong case and should file a lawsuit. Once you have an experienced lawyer to represent you and handle your case, you should expect your lawyer to thoroughly investigate the circumstances of the accident and identify any factors that may contribute to it. This allows the company representing you to determine who to hold liable for damage to the victim’s medical bills, lost wages, pain and suffering, and other losses.
The months and even years following a catastrophic truck accident can be an extremely difficult and vulnerable time for victims. When you hire a qualified attorney with a track record to represent you, you can make a difference in the outcome of your case.
Are you or a loved one a victim of a truck accident? Slack Davis Sanger can help
Slack Davis Sanger’s truck accident lawyers have an in-depth understanding of the complex laws governing the operation and maintenance of commercial vehicles, as well as the success of lawsuits against drivers, manufacturers, and companies of commercial vehicles found liable following an accident. When we hire a client who has been injured in a truck accident or lost a loved one in a devastating commercial vehicle accident, we use all available resources to investigate all the circumstances of the accident and determine what compensation is ours Customer gets earned. Slack Davis Sanger clients can rest assured that they are in good hands as their attorneys compassionately listen to their needs and concerns and relentlessly seek justice on their behalf.