Trucks log millions of miles each year on the nation’s roadways, and the vast majority are driven safely and without incident. When a truck accident does occur, however, it can often be quite devastating. Since trucks are much larger than the average passenger vehicle, a crash can often result in serious injury or death. In fact, fatalities in large truck accidents have risen for several years in a row, reaching 3,964 deaths in 2013, the latest year for which statistics are available. Approximately 95,000 injuries resulted from large truck accidents in this same year.
Who Can Be Held Liable for a Truck Accident?
If you’ve been the victim of a truck accident, a truck accident attorney can help you determine if you should take legal action. Truck drivers as well as the vehicles they drive are subject to a number of federal and state regulations that they must abide by. Depending on the facts of your particular case, you may be able to take legal action against one or more of the following:
- The truck driver
- The company that owns the truck
- The person or company that leased the truck
- The company that manufactured the truck or its individual parts if they contributed to the accident
- The shipper or loader, if the truck’s load was too heavy or improperly loaded
What Factors Can Help Prove a Truck Accident Case?
A number of factors can help establish fault or negligence, and can help you recover damages. A truck accident attorney can help you determine if any of these circumstances apply to your case:
- Mechanical failure: large trucks have to be properly serviced, maintained, and inspected on a regular basis. Companies should be able to produce records that prove these tasks were carried out in a timely manner. If the truck suffered some type of failure that caused an accident, the manufacturer, the company that owns the truck, or another party could be held responsible.
- Overloads: companies and drivers should be able to prove that their loads are within the proper weight limits. They’re also responsible for making sure their loads are secure.
- Driving under the influence: alcohol, illegal drugs, and legal prescription or over-the-counter medications can cause side effects that can contribute to an accident. In addition, federal regulations require trucking companies to regularly test their drivers for a variety of drugs. If this wasn’t done, or if a driver who was using drugs was allowed to continue driving, this could help support your case.
- Truck driver fatigue: strict laws govern the amount of time commercial truck drivers can spend behind the wheel. They’re also limited in the amount of total work activities they can perform in a 24-hours work period. This includes not only driving but also loading and unloading. If fatigue contributed to the accident, the driver and/or the company could be held liable.
- Driver error: many truck accidents are caused by the same things that cause car accidents. Truckers sometimes speed, drive too fast for conditions, or fail to yield the right of way. Any of these behaviors can cause an accident.
How to Connect with a Truck Accident Lawyer
If you’ve been injured in a trucking accident, or a loved one has been killed, contact a 24/7 truck accident attorney. He or she can advise you on whether you should take legal action to recover damages and will help represent you if you decide to do so.