Truck Accidents
Without trucks, America wouldn’t be able to get much business done. From fuel to food to office supplies, trucks are constantly on the road moving goods and providing services. There are many kinds of vehicles that may be considered commercial trucks:
- 18-Wheelers or Semi-Trucks
- Cargo Vans
- Delivery Vans
- Fuel Trucks
- Moving Vans
- Garbage Trucks
- Tow Trucks
- Fire trucks
- Ambulances/EMS Trucks, and
- Various Tractor Trailers
Most people have been involved in fender benders with other cars, and you understand your responsibility to report the accident to the California Department of Motor Vehicles within 10 days. When there is a commercial truck involved, you need to get a report from local enforcement. Even if you are not injured, having an impartial witness will help to protect your rights.
Differences between Trucking Accidents and Other Accidents
Being in a motor vehicle accident is always stressful and frightening, but truck accidents cause extra stress and problems. The most obvious difference is that commercial trucks are usually larger and heavier than personal vehicles, so accidents are louder, may involve more people than general car accidents, and often cause more injury and multiple damages. For instance, a semi-truck might be 20 times as heavy as the car it hits. Parties involved in an accident with trucks are more likely to experience permanent injury or even death, and the parties most likely to suffer the most serious injuries are the ones in the smaller vehicles.
Because they can cause so much damage, commercial trucks have higher policy limits. Depending on the kind of truck, there may be coverage for up to $1 million and above for injury and/or $200,000 and more for property damage, with even higher limits for trucks carrying hazardous materials. Also, because there is a commercial driver involved, you will need to involve the trucking company. The trucking company may be the one liable, rather than the truck driver. Because of all the rules and regulations surrounding trucking and commercial vehicle accidents, it may be very difficult for someone not involved in this area of the law to understand the best way to help you get the benefit you need so your expenses are taken care of properly.
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Liability and Causes of Truck Accidents
Depending on the situation, the driver, company, manufacturer, or other parties may be liable for damages caused by a trucking accident, whether separately or jointly. An employer is generally responsible (vicarious responsibility) for the negligence of an employee, although there are exceptions.
Commercial Drivers
A lot of serious accidents happen just because truck drivers simply break traffic laws or commit other violations. Examples of truck driver negligence may include but is not limited to the following:
- Speeding,
- Improper lane changes,
- Distracted driving,
- Driving under the influence of alcohol or drugs,
- Failure to yield the right-of-way,
- Not obeying traffic signs or signals such as running stop signs or red lights, or even
- Texting while driving.
In addition, other causes of truck accidents may include the following:
- Poor weather and/or driving conditions can cause drivers to lose control, which often leads to multicar pileups. Drivers should know when to stop.
- Driver fatigue is still the cause of many accidents, even though there are rules as to how long drivers are allowed to go without a break.
- Unsafe road conditions, improper highway signage or road construction can in turn cause drivers to make the wrong move in an attempt to get around the slowdown.
Trucking Company
- Loading the cargo is often the responsibility of the company. When cargo is loaded improperly or unevenly, there may be tire blowouts or accidents caused by rapidly shifting loads.
- Employees must be trained properly to fulfill their responsibilities.
- Regular maintenance is a standard requirement for all commercial vehicles. A trucking company that fails to comply will be liable for any accident that could have been prevented, such as one caused by improperly maintained brakes or tires.
Commercial Truck or Parts Manufacturers
Manufacturers are responsible for producing faulty equipment, defective truck, semi-truck, or tractor trailer parts, or other defective products. For instance, accidents are often caused by steering problems or issues with the coupling system. If there is an accident, they may be able to claim that the equipment was not maintained or used properly.
What Kind of Damages Can You Collect After an Accident with a Truck?
If the jury finds that you are entitled to compensation, you can collect for:
- medical bills, including any medicine and ongoing treatment you will need, even if you need treatment for the rest of your life;
- time lost from work directly because of the accident and for necessary treatment;
- pain and suffering;
- and if you can no longer perform the same job, or if you can no longer perform at the same level, you can be compensated for that.
When there is a permanent disability or injury, the personal representative may bring a case so the family may be compensated for the loss of their loved one, including the loss of the income they expected for however many years are reasonable.
An Attorney’s Role in a Commercial Trucking Accident
When opening an insurance claim or filing a lawsuit for a trucking injury, it is initially hard for a non-professional to find out who is responsible for causing the accident. Attorneys usually go after any and all potential defendants who may have had an involvement or fault, whether partial or full, causing the collision and personal injuries. Depending on specific facts of the wreck, an experienced attorney may file a lawsuit against the defendants could include one or all of the following potential defendants:
- Commercial truck driver
- Trucking company
- Insurance companies covering the trucking company and/or commercial driver
- Manufacturer of the truck
- Manufacturer of vehicle parts or equipment
- County, city, or government, or
- Other drivers, or anyone else who may have been liable.
Commercial Trucking Accident Attorneys have a special set of knowledge and skills that allows them to know what kinds of damages you are entitled to, which evidence is the most compelling to help your case, and how best to present this evidence to a judge or jury. If you or a loved one is suffering after a trucking or other commercial vehicle accident, call Legal Passkey so you can get a free consultation with the best attorney in the area of your specific legal needs willing to fight for your rights.
