Truck accidents are mostly fatal, probably because of the size and weight of the vehicle. However, truck accidents are common, but they tend to carry massive damage when they crash with other cars. If you or your loved one has been involved in a truck accident, it is crucial to ensure you get the justice you deserve. If the accident was because of another person’s negligence, you might hold them accountable to pay for the damages and injuries they have caused. In this case, you will sue them for personal injury or wrongful death if your loved one died from the accident. Unfortunately, determining liability in this kind of accident is not always easy, considering several parties are involved.
The Main Causes of Accidents Involving Trucks
There are various reasons why an accident may happen, and each reason points to a specific party. Therefore, you must know how to protect your rights after the accident by determining the cause. Some of the leading causes of truck accidents include:
Some of these trucks travel long distances, which means there is a high chance the driver may be tired. Drivers must rest and not spend all the time behind the wheel. It is a crucial rule to ensure the driver’s safety and that of everybody else using the road. Drowsiness is almost the same as being drunk because it impairs the driver’s judgment. This means that when the driver is drowsy, they cannot make quick decisions in dangerous situations. Therefore, the company must ensure its drivers have ample time to rest to avoid accidents. It will help if you speak with a truck accident attorney to investigate and seek compensation.
Even when the driver is alert, an accident can occur because of defective equipment. The vehicle may have faulty equipment that nobody knew about until the accident happened and the semi-truck was evaluated. Sometimes a part may also fail even if it was not defective during installation.
Inattentive driving is another common cause of truck accidents. The driver could have been texting, eating, changing the radio, or looking outside when the accident happened. Lack of attention on the road makes it difficult to avoid collisions, which is why many fatal accidents occur.
Because truck drivers spend the most time on the road alone, some opt to rest while others may want to take a bottle of beer for the road. If the driver operates the vehicle with a BAC concentration of 0.04%or higher, that will be considered a DUI. You can use this as evidence when filing your injury claim.
The truck driver’s employer is responsible for ensuring they hire qualified drivers. Poor hiring or training is not an accident attributed to the truck driver. This is because the trucking company is responsible for ensuring they hire the right people and offer ample training. Untrained drivers may not even be aware of the danger on the road or that they lack certain skills.
Unsecure or Overload Cargo
If there was poor cargo loading before the driver left, there is a high chance the load might fall on the road when the vehicle is at high speed or tips over. The result is a fatal accident, and liability can fall on the shipping company. Every vehicle has the maximum weight capacity it should carry. In some states, an interstate transit cannot exceed 80,000 lbs. When the truck exceeds this weight, there is a higher risk of losing control.
Understanding Liability in a Truck Accident When Seeking Compensation
Typically, it is easy to prove liability in a car accident because the victims own their vehicles and have insurance companies. However, the case is always complex in a truck accident because several parties are involved. In most cases, the drivers do not own the truck. There is also a probability that the company employing the driver doesn’t own the semi-truck. Therefore, considering these different entities, it becomes hard to determine who is to blame for the accident.
Several experts must conduct a comprehensive investigation to determine who is to blame for the accident. You must know that the analysis differs from a car accident. Because the truck is a massive vehicle with many parts, there is a need for a thorough investigation to see the cause of the accident if it resulted from mechanical issues. A re-construction professional will evaluate the situation of the truck. Information on the truck’s components and condition during the accident will help the claim.
When seeking compensation, you must have all the evidence to show fault. The main point is to demonstrate what caused the accident by investigating the causes mentioned above. Your attorney will help you gather these details to build a strong case. Remember, because truck accident claims are complex does not mean you cannot get compensation.
If you were traveling and have been involved in a truck accident, it is vital to seek compensation. However, you must understand that proving fault in a truck accident is a lot of work and a hard nut to crack. Therefore, understand the causes and hire a truck accident attorney to help you with the investigations.