While everyone knows trucks on the highway can be dangerous to other drivers, the National Highway Traffic Safety Administration (NHTSA) only clarifies those fears by stating 8% of the highway deaths involve a heavy truck of some sort. Of these situations and accidents, about 75% of those fatalities are of drivers in vehicles other than the trucks themselves.
While these stats are dreary to consider, trucking accident laws are quite complicated overall. They often involve many factors, including the driver of the truck, the driver of the other vehicle, the truck manufacturer, the trucking company the driver works for and others involved.
Any number of these can be found at fault for the accident, which makes these cases complicated and lengthy in some cases. Other factors that have been at fault include the driver’s fatigue level, the speed of the drivers, breaking practices, attentiveness of the driver, fuel fires, overloading of trucks or mismanagement of the vehicles involved.
Federal law requires all truck drivers to keep a log book of information, because of the detailed data needed if they were to get into a trucking accident. The federally required Hours of Service Rules are necessary to protect the trucker in a case which he was not at fault. Any deviation the book shows on sleep schedules, driving schedules or negligent driving can be important parts of any trucking accident case. If a driver shows an empty or incomplete log book, he will automatically look questionable or suspicious if an accident does occur.
Truck accident lawyers typically gather information regarding the accident so that you can substantiate and verify the fault, which serves as the crux of every lawsuit involving a trucking accident. This evidence includes: medical documentation, driving histories of those involved, truck drivers’ training records and truck maintenance or loading schedules.
Vicarious liability is often mentioned in trucking accidents. It is sometimes called respondeat superior and it basically means a trucking company or other third party can be held responsible in a trucking accident. Thus, this part of the legal system can help hold trucking companies just as liable as the truck driver in an accident situation.
When a trucking accident occurs, the lawsuit might include different personal and legal obtainments including:
* Monetary Damages: This can include medical expenses and lost wages because of the accident.
* Non-Economic Damages – Pain and suffering and emotional distress
* Punitive Damages – Punishment toward guilty party behaving in bad faith
* Double And Triple Damages: Only used in extenuating circumstances or special cases.
After a trucking accident occurs to you or your family, be sure to hire an experienced trucking accident lawyer right away. You have the right to seek compensation and may gain awards that will help you with your physical distress, emotional distress or financial distress.
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