Trucking accidents are well known for leaving devastation behind and survivors trucking accidents may have their lives forever changed due to the extent of their injuries. Between 4,000 and 5,000 deaths occur each year in the United States as a result of trucking accidents due to the sheer size difference between a heavily loaded truck and a passenger vehicle. Unfortunately, aside from death and serious injury, trucking accidents also come with specific complications not seen in “normal” auto collisions between passenger vehicles.
Who’s Responsible?
Trucking accidents often involve much more serious injury than other accidents and since insurance companies are famous for wanting to pay as little as possible to victims of accidents, the presence of a highly experienced trucking attorney is critical. Most commercial trucking accidents are governed by federal laws and regulations rather than state; while federal regulations are fairly stringent, drivers don’t always abide by those rules. . Determining liability in a trucking accident can be particularly challenging as there are a variety of potential defendants.
It could be that the driver is obviously at fault in the accident however the company he or she drives for may share that liability, particularly if they overlooked the fact that the driver was over on their allowed hours, or failed to properly train the driver before sending them out on the road. If the accident was the result of a defect in the truck itself, the trailer, the tires or the brakes, then the manufacturer of the truck or the part could be liable for the accident. If the accident was a direct result of poorly maintained brakes, tires or any other part, then the company responsible for the truck maintenance could be held liable. It is common for all these parties to argue ferociously about who is responsible for the accident and many victims of trucking accidents have found themselves suing only the driver who likely has no assets and even less cash.
How Experienced Trucking Attorneys Approach an Accident
Trucking accidents are nearly impossible for the plaintiff to attempt to handle on their own. These cases are built by gathering facts and because trucking companies are well aware of this fact they will often try to block the plaintiff’s attorney at every turn. They will generally send entire teams of investigators to the scene within hours of the accident in an attempt to locate any piece of evidence, no matter how small, that gets their driver and their company off the hook. In other words, it can be difficult to level the playing field following a trucking accident. If the victim of such an accident does not have a knowledgeable trucking attorney in their corner they could find themselves stuck with huge medical bills, lost wages and a life that will never be even remotely normal again.
Factors in Trucking Accidents
Mechanical failures of the truck and driver error are the most common causes of trucking accidents. Driver error can include fatigue, negligence, recklessness or distraction. Driver fatigue is very common among truck drivers as they often drive more hours even than they are legally allowed to do. At present a driver can drive for eleven hours before he or she must take a rest break and many groups want to change that to ten hours. Think about how you feel when you have been behind the wheel for ten or eleven hours straight, then multiply it by twenty. A driver of a big rig must be much more vigilant and alert because driver error on their part can end up in serious injuries or fatalities. Many truckers carry hazardous or toxic chemicals meaning they must be even more conscious of the safety of others.
A great attorney who has your best interests at the forefront will do their best to compile medical records, witness interviews and depositions of trucking company employees in order to ensure you receive full compensation for your injuries. Don’t wait to speak with an attorney—call as soon after your accident as possible.