Trucking Accidents Can Be More Complex Than You Realize
Brian O Sutter
Accident Lawyers
Accidents can happen in an instant, but can have effects that last for months or even years. Among the most serious accidents are those involving tractor-trailer trucks, and if you're involved in a crash with a truck there's a good chance that you're already aware of the severity that can come with them. If you're injured in an accident involving a truck, it's important to remember that you could have the ability to seek out financial compensation for your injuries. If the accident wasn't your fault, you can seek compensation for your injuries from the driver of the vehicle.
But while that sounds fairly simple, the reality is that personal injury cases involving trucks can often be the most complex types of personal injury law that is brought into the court system. There are numerous reasons for this, but at their core they all mean one simple thing – finding an attorney is more important with trucking accidents than with any other type of accident situation.
One of the biggest reasons that a trucking accident can become a huge headache when it comes to seeking financial compensation is the fact that you'll likely be going up against a major, powerful organization. Not only could you have to fight with an insurance company to get your compensation, but the trucking company that employs the driver could resist your efforts as well. These groups have deep pockets and experienced legal teams, and they'll usually do what they can to avoid paying you a dime.
Proving that the other driver is at fault is the first step, and it will sometimes be easier than in others. The key is being able to show that they acted negligently or recklessly and that those actions caused the accident. Examples of negligent or reckless behavior include things like:
- DWI
- Driving while texting or otherwise distracted
- Speeding
- Driving when not allowed under federal safety guidelines
In the case of the last point above, the government has very strict rules and regulations in place for how long a trucker is allowed to operate their vehicle. They're required to keep a detailed log showing that they're following these guidelines, and if they fail to do so it will be much easier to show that they are to blame for the accident.
Additionally, black box data recorders are now required in every commercial truck that can provide info on things like speed, braking info, turning information, and more. This black box has become a valuable tool in the process of seeking compensation for your injuries.
It's worth mentioning that the trucking company itself could be held liable for an accident, which is why so many of them will do all they can to resist and deny a claim filed against them. But the process of proving that they're to blame isn't always simple, and is better left to a professional.
There are a couple of options involved in proving that a trucking company is responsible for your accident. These include:
- Showing that they have policies that make it hard or impossible for their drivers to adhere to federal regulations.
- Proving that they don't provide the resources needed for their drivers to follow all federal guidelines.
- Showing that they do not properly maintain their fleet of trucks and that their failure to do so led to the accident in some way.
If you can show any of the above to be true, you could be able to seek compensation from the trucking company instead of just the driver themselves. It can be difficult, and an attorney will utilize a variety of resources including an accident re-constructionist, witness statements, police accident reports, and more.
A good attorney can help simplify the complexities involved in a trucking accident, and as such they should be one of the first people you contact following an accident of any kind.