Personal Injury For Trucking Accidents: The Complexities Of The Case
Ordinarily, car accident injuries are devastating and complex to legally negotiate. However, when your accident was caused by or involved with a semi truck or similar large vehicle, the legal case for personal injury compensation can become even more complex. If you've been injured in a truck accident, you can contact a truck accident attorney to help you navigate some of the special circumstances that affect your case. Here are some of the ways your semi truck accident claim will be different than that of a regular car accident.
1. Companies can be just as liable as drivers.
While the error was made on the road, and the at-fault driver cannot be completely absolved of responsibility, trucking accidents become more complex when part of the fault lies with the trucking company that hired the driver. Examples of corporate or company fault include:
- requiring drivers to complete deliveries at the expense of sleep regulations. Accidents caused by drowsy drivers are unfortunately very common in these scenarios, and truckers can often be forced into sleepy driving by company policies dictating delivery quotas and customer guarantees.
- improperly training drivers in safety and emergency response.
- hiring drivers that are not qualified to operate semi trucks. Companies are responsible for making sure each driver has correct licensing and is legally able to work in the United States.
- not providing the resources that drivers need to operate safely on the road, such as manuals and vehicle repairs. If truck drivers are operating company vehicles and they have not been maintained, the company could be liable for any accidents directly caused by lack of maintenance, such as brake failure or alternator trouble.
2. Driving drowsy can be difficult to prove, but it is essential to the case.
Even if the trucking company is not liable, sleeping behind the wheel still occurs and is a frequently pursued avenue when it comes to seeking damages for trucking accidents. In this case, you'll need to provide your lawyer with everything you can remember about the accident that will help point to drowsy driving. The following details are especially helpful:
- time of day. It's more plausible that the at-fault driver was asleep in 3:00 AM than at noon.
- the speed of collision. Sleepy drivers often barrel into the accident scene at full or nearly-full speed -- they are asleep and do not brake. If you noticed the truck was on a high-speed collision course before you were struck, this detail is important for your case.
- irregular driving maneuvers. Drifting into other lanes, coasting off the the side, or ignoring the warning calls of neighboring vehicles are all cause for concern.
Your lawyer will also be able to check delivery times, driving logs, and rest stop visits to help peg down the state of the at-fault driver during the time of the accident.
3. The number of liable parties can increase.
As your lawyer compiles the facts of your case, you might also have additional claims against the following types of companies if they contributed to your accident:
- manufacturers of truck parts that may have malfunctioned during the accident.
- the person who owns the truck. If a company or truck driver leases the truck, the actual owner could still be held partially responsible.
- the shipper or loading company. When cargo is packed incorrectly and leads to the accident, those who packed it are even more at fault than the driver in some cases. Cargo can be one of the most dangerous aspects of accidents, especially with heavy or flammable goods.
The details surrounding a truck accident lawsuit are complicated. Fortunately, with the help of lawyer experienced in trucking laws, you should be able to get the compensation you deserve.
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