Truck accidents are becoming more and more common in the US. Since trucks are much larger vehicles than cars, the driver and passengers will be hurt a lot if a truck accident happens.
Truck accident victims will sustain the following losses:
- Medical bills
- Property repair costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Loss of quality of life
- Loss of enjoyment in life
- Loss of consortium
The above-mentioned losses can completely ruin a person’s life. Through a truck accident claim, victims can somewhat mitigate the losses and accelerate the recovery process. With the help of experienced law firms like The Law Offices of Mickey Fine, victims can obtain fair compensation.
Liability in Truck Accident Cases
Truck accidents are usually the result of driver negligence. However, there can be other parties too. The potential liable parties in truck accident cases are as follows:
- Truck driver
- Trucking company
- Cargo loading company
- Truck manufacturer
Let’s discuss truck driver negligence.
The following are some types of driver negligence that lead to accidents:
- Driving Under the Influence
- Sleep-deprived driving
- Distracted driving
- Violation of hours of service rules
- Violation of traffic rules
Driving Under the Influence
The worst kind of drivers. People who drive under the influence of alcohol or other drugs are a plague to our society.
Drivers who are drunk will not be able to react to traffic movements. They will also have poor decision-making skills.
Another problem with drunk drivers is impaired vision.
In 2021, over 13,000 people died as a result of drunk driving in the US. Drunk driving should have severe consequences. It is the only way to control driving under the influence of drugs.
Sleep-Deprived Driving
Driving when tired can result in catastrophic accidents. Fatigued drivers will have little to no control over the vehicle. Fatigued driving can be as dangerous as drunk driving.
Fatigued drivers will have a slow reaction time. Quick reaction time is something all truck drivers must have.
The primary reason for fatigued driving is overworking. Violating hours of service rules makes drivers tired.
Distracted Driving
Driving is an activity that requires the driver’s complete focus. Even one second of distraction can lead to serious accidents.
You may think, “I have used my phone when driving many times, but nothing bad happened to me.”
Well, being distracted doesn’t guarantee accidents; it significantly increases the chances of one.
Truckers usually travel on unfamiliar roads. So, naturally, they use the GPS a lot. This is a common cause of accidents.
Violation of the Hours of Service Rule
Hours of service are a set of rules that govern the working hours of a driver. These rules are formulated to prevent fatigued driving.
Sometimes, drivers violate these hours of service rules to make more trips and get a better incentive.
In such cases, trucking companies can also be held liable for accidents since they set incentives for drivers who break the rules.
Violation of Traffic Rules
Even a small car violating traffic rules can lead to accidents. Now, think about a huge truck running a red light. The chances of catastrophic accidents are very high in such situations.
Trucks cannot be stopped immediately, even if the driver wants to. They have a longer braking distance, which is why truck drivers should never violate traffic rules.
Final Thoughts
Finding and proving liability is quite a difficult task. After finding the liable party, you need to prove the following:
- Duty of care
- Breach of duty of care
- Causation
- Damages
Proving the above elements of personal injury law requires the expertise of experienced truck accident lawyers. If you have been hit by a truck, hire a lawyer and let them handle your case. They will investigate, find the liable party, prove their negligence, and get you the deserved compensation. All while you rest and recover.
