Truck drivers have a duty of care towards others on the road. They must follow every safety protocol to enhance the safety of other vehicles and people by avoiding collisions. Some truck drivers may drive negligently by not obeying the speed limits drive too fast on the road, or drive too fast in bad weather conditions. Other examples of their negligent behavior are:
- Running stop lights and stop signs
- Failing to yield
- Failing to maintain lane position
- Driving under the influence of alcohol or drugs
- Driving drowsy or sleeping at the wheel
An experienced truck accident lawyer may help determine the liability parties, such as the trucking company, manufacturing company, and government entities, in special cases, which will help you pursue fair compensation for your damages.
Understanding Federal And State Regulations
Establishing liability and seeking compensation for injuries in a truck accident is essential to demonstrate that the driver’s negligence led to the collision. Unlike passenger vehicle drivers, truck drivers are subject to stringent training and testing requirements governed by federal and state regulations, such as 49 CFR Part 383.
These regulations cover employer responsibilities, disqualifications, testing procedures, knowledge, skills, and specialized training for hazardous materials transportation. Victims may be eligible for financial compensation through legal avenues if a truck driver violates these safety standards and causes an accident resulting in injuries.
Causes Of Truck Accidents
Truck accidents can be complex and influenced by various factors, making it challenging to determine their exact causes. The Large Truck Crash Causation Study (LTCCS) by the Federal Motor Carrier Safety Administration (FMCSA) highlights this complexity. Factors contributing to these accidents encompass
- Vehicle design issues
- Malfunctions
- Inadequate driver training
- Adverse weather conditions
- Failure to use proper signals
Researchers analyze critical events and reasons behind these accidents, often finding driver errors as a common factor. While accidents may result from multiple causes, it’s possible to establish negligence in truck accidents and pursue compensation for injuries sustained.
What Is Negligence In Truck Accidents?
Negligence in truck accidents can encompass various factors, and establishing liability involves specific elements. Negligence is a failure to exercise reasonable care in similar circumstances resulting from willful acts or omissions like driver errors.
Elements To Establish Negligence In a Truck Accident
To establish negligence and pursue compensation for injuries, specific criteria must be met:
- The driver had a duty to exercise reasonable care to prevent an accident.
- The driver breached this duty either willfully or through an omission.
- This breach directly led to your injuries or losing a loved one.
- The injuries or loss resulted in significant damages.
Can I Pursue Compensation When Negligence Is Established In My Truck Accident Case?
If you or a loved one has suffered severe or fatal injuries in a truck accident due to the truck driver’s negligence, you may be eligible to seek compensation for your losses. The potential reward and the total amount you might receive depend on the specific circumstances of your case, including the extent of your injuries and the types of damages incurred. Financial recovery may encompass:
- Emergency Medical Expenses: This covers costs related to immediate medical care, ongoing treatment, and rehabilitation for your injuries.
- Travel Expenses: You can seek reimbursement for transportation costs to and from medical appointments.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income.
- Loss of Future Earnings: In cases of temporary or permanent disability resulting from the accident, or if you lost a loved one who provided financial support, you can seek compensation for future income losses.
- Pain and Suffering: Compensation can extend to the physical, mental, and emotional trauma experienced due to the accident.
- Funeral and Burial Costs: If a loved one passes away due to an accident, you may be eligible for compensation to cover funeral and burial expenses.
How Can Commercial Truck Accident Attorney Help Achieve a Damage Award?
Along with establishing negligence, the lawyers can also help you in different aspects of the truck accident case, such as
- File an insurance claim on your behalf
- Build your case
- Negotiation with the insurance companies
- Update you on the claim progress
- Assist with a lawsuit, if required
They will also guide you on when to file an injury claim or a wrongful death lawsuit and whether it is viable to file them or not according to the statute of limitations prevailing in your state.
Injured In A Truck Accident? Contact An Experienced Lawyer
When a truck accident leads to significant injuries or fatalities, a truck accident lawyer can play a crucial role in helping you pursue the compensation you rightfully deserve. They can navigate the legal complexities, gather evidence, and advocate on your behalf to ensure you receive just compensation for your losses.