It is more catastrophic for trucks to have an accident opposed to two personal used vehicles. A fully loaded truck such as a big rig or dump truck can weigh at least 25 times more than a typical car. Due to this overwhelming weight, the basic law of physics thus applies that when such big trucks collide with other vehicles; it can result in a very serious and fatal injury, and be entitled to recover compensation for injuries after bringing a legal claim against the responsible parties. This article helps provide general view on such claims, but first you should consult a Truck Accidents Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the Entire San Fernando Valley either as a truck/lease company or an employee/contractor.
Unique Dangers of Commercial Truck Accidents
Even though there is a statistic that shows that truck drivers are generally more careful than other automobile drivers, the same large truck crushes accounted for 4,995 fatalities and 106,000 injuries in the year 2006. This is according to the United States Department of Transportation. Research has also given approximately 20 percent increments in the number of truck accidents in the last 2 decades. Despite the fact that other road accidents occur from time to time, the accidents resulting from trucks cause greater damages compared to others as a result of their heavy weight, large sizes and heavy objects they carry. In most cases, the drivers are not at fault in these accidents; it may be a cause of unforeseen road hazards or even still negligence of other drivers. To add to the truck accident is the fact that the freight, which the truck is carrying like hazardous or flammable materials (gasoline or industrial waste) are being carried by the truck and can end up causing secondary injuries from that dangerous cargo.
Proving Your Case
Just like any other personal injury claim cases, which always come as a result of negligence, you have the right to prove your case. Therefore, one involved in a truck accident must show that the:
- Defendant (driver or truck company) owed the plaintiff a reasonable duty of care
- Defendant failed to exercise such reasonable care, or legal terms reached the duty of care
- The injury of the plaintiff was as a result of the defendant’s failure to exercise reasonable care
So as to account for injuries suffered in truck accident, there is the need to identify as many potential defendants as possible, which may not be limited to the driver. In most cases, trucking companies, contractors, employer and the insurance companies are under law or an obligation to compensate you for any injury suffered. If an employment relationship exists between the driver and the trucking or shipping company, then in such a case, that company would be liable for the driver’s negligence. As your Truck Accidents Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth And The Entire San Fernando Valley
who has helped a lot of clients in the past, I would need to show that the company had a certain degree of control over the driver, and at the time of the accident the driver was acting over the course of employment relationship. In some cases, the manufacturers or shipping company of the hazardous materials in the truck’s cargo are held liable for injuries. It is thus an obligation of the company to inform the driver of trucking or potential company of the degree of dangers involved.
In an event whereby you are involved in a truck accident you may be entitled to damages: financial as well as emotional compensation caused by the accident. Jackknifing is always common for eighteen-wheeled trucks under certain conditions especially during certain brake turning. In such cases, the driver will not be held liable if it were due to unforeseen slippery nature of the road, or an abrupt brake to avoid motorists. It is difficult to turn commercial trucks, and many times, it requires the use of two lanes to make a right turn. It should not always be a case of negligence, but some courts have held it that driving a rig in such a manner is enough to establish the truck driver to be at fault.
Truck Accidents And The Law
Truck industries are governed by the Federal laws and regulations as they (laws) are set on certain principles and standards on which companies, drivers and owners must comply with. These laws also determine the person that might be responsible for a truck related accident. These are found in Title 49 of the Federal Regulations Code. Trucking regulations vary from one state to another as each has its own transportation department, but in all, there are agencies designed to regulate various trucks and their driving. They are basically the F.M.C.S.A (Federal Motor Carrier Safety Administration) and the US D.O.T (Department of Transportation). Considering the rate at which people suffer from personal injuries in our days, there is no better time to consult a trusted Truck Accidents Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the Entire San Fernando Valley
for proper guidance, than now.
Web Of Truck Accident Players
For any injury sustained by a victim, there is the tendency to always cast aspersion on the truck driver as it’s usually the practice, but there are a whole lot of players making the event. These are: the driver, owner, company or individual who leased the trailer/truck from its owner, manufacturer of tires; truck and other parts of the vehicle that might have led to the intensity of the accident and loader or shipper of the cargo on the truck at the point of accident especially when the accident results from poor loading.
As players in an accident case, it is the practice among leasing, hauling and trucking companies to argue over the insurance (whose insurance) that will be used to compensate any accident victim. Should the leasing company take the responsibility or should it be any of the other two? This can lead to casting blame and trying to dodge responsibility. This has been taken care of by the present Federal laws as it states that the company that owns the permit of truck should be held responsible for all forms of accidents that involve any truck having its name or placard displayed on it. Argument between parties concerning whether the driver is an independent contractor or an employee is immaterial as the law has specified who should be held liable. For all clarifications and other concerns, you can discuss with your Truck Accidents Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the Entire San Fernando Valley.
For all your truck accident related matters, the Leventhal Law Group, P.C offers free and no obligation consultation with a qualified attorney. Call 818-347-5800 for a free consultation today!