A Guide to Help Navigate a More Complex Legal World
Truck accidents are “frighteningly common” according to a Forbes Advisor analysis. They may seem similar to regular car accidents at first sight. However, they present a complex claim process due to several unique factors involved. This article examines three key differences between truck accident claims and regular car accidents, ranging from legal liability to the evidence required.
1. Multiple Parties Can Be Held Liable
Liability in a standard car accident usually involves one or two parties, but truck accident cases often involve a series of responsible parties who may all share some degree of fault. These include a truck driver, a trucking company, a loading company and a part manufacturer. In most cases, the transportation company and the driver hold the full responsibility. However, proving this can be challenging since other factors like road conditions and the plaintiff’s partial blame, may also be considered.
Many parties involved in a single case can lead to case complications. For example, if the incident was due to mechanical issues, the part manufacturer and maintenance company could be blamed. This makes the case harder since both parties may try to deflect blame onto others or reduce their involvement. These compensation challenges may delay justice and push victims to seek other ways to cover the damages as they wait for the settlement.
2. Strict Road Regulations Apply
Commercial trucking companies and their drivers must follow strict road rules. These rules are set to protect all road users, including drivers operating regular vehicles. They include Federal Motor Carrier Safety Administration (FMCSA) regulations that require commercial drivers to maintain a safe working environment. For instance, the FMCSA’s Hours of Service rules limit how long a truck driver can operate without rest to prevent fatigue.
Drivers undergo robust drug and alcohol testing to avoid driving under the influence. Laws also require commercial vehicles to have regular safety checks and documentation. Violating these standards is considered ignorance, mainly if it causes an accident. For example, the employer could be responsible for pushing drivers to meet deadlines if the accident is due to the driver working for too many hours. Working with an experienced truck accident lawyer, like Orlando truck accident lawyers, is crucial, as they can help victims determine which rule was ignored.
3. Critical Evidence Must Be Preserved Immediately
Investigation and evidence presentation are vital in assigning blame in any case. However, those involving commercial vehicles need strong evidence to support the root cause. This is because these accidents often have serious damage due to the size and weight of the vehicle. Evidence begins with eyewitnesses who give valuable information about what they saw. This can be the driver over-speeding or making a sudden change of lanes.
Another source of evidence is the analysis of black box data. Black boxes record information such as speed, braking patterns and driver actions. Analyzing this data helps to prove any negligence. Judges may also need a detailed review of maintenance and inspection records to determine if the vehicle was roadworthy. The trucking company may also be required to provide driver personnel files to check their safety priorities.
Endnote
Getting involved in a truck accident can be challenging due to a longer process and many people involved. The payments may be higher than in standard accidents. However, the time it takes to determine fault and get settled can be discouraging. Working with an attorney experienced in truck accidents is important to ensure all factors are considered for a faster solution.
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