We have seen a relatively steady increase in the number of commercial trucks on the road within the last few decades, and an increase in truck-related accidents has also risen. Large trucks are responsible for only about 3 percent of motor vehicle accidents that cause injuries, but are typically more devastating due the sheer size and massive weight of the majority of trucks.
When determining the merits of your claim, our experienced team will investigate the maintenance history of the truck and trailer and will check to see if the load itself was within regulation. Accidents involving a commercial truck can be complicated since any case would involve the driver of the truck as well as the owner of the trucking company.
The commercial trucking industry is under the control of federal regulations that establish a set of standards and can determine the responsible party in a given trucking accident. Fortunately, by working with a firm like the Duque Law Group you can put years of expertise in your corner to understand your rights under the law.
There is a large number of potential liable parties in any truck accident. These include: the driver, the owner, whoever leased the truck from the owner, the manufacturer of the vehicle or any parts, shippers and loaders, etc.
In an attempt to elude responsibility for accidents involving big rigs, trucking companies have recently begun distancing themselves from the drivers, equipment, and vehicles. While they hold the necessary permits to operate the vehicles, they often do not own the equipment that is used to haul whatever is in the truck and also hire drivers as independent contractors rather than employees. These practices enable them to shift the responsibility over to the people who owned the truck and who were driving them.
However, federal regulations have fortunately made it so that any company who owns a trucking permit is liable for any accident that involves a truck with its name or placard on the vehicle.
Accident victims in past years had to rely on witness statements and police reports to understand the specifics of an accident. Now, data from high tech devices and information from government agencies are also available for greater understanding.
The most common causes of truck accidents are driver error, mechanical failures, road design, weather conditions, and traffic signal failures.
As with any traffic accident, driver error is by far the most common cause of trucking accidents. According to FMCSA, 88% of trucking accidents are caused by a driver’s action or failure to take action. The most common way that this happens is through driver fatigue and sleep deprivation.
The second biggest contributor to truck accidents is mechanical defects and equipment failure. These can be design errors in the vehicles, manufacturing mistakes, or some other issue that interferes with the big rig running smoothly. A large number of mechanical causes of these accidents are a result of a failure to maintain the equipment properly. These can include the following: jackknifing of a truck which is caused by the depowering or removing of the front brakes, failure of the brakes as a result of inadequate adjustments, blowouts of the tires because of wear and tear, truck rollover because of improper securing of the load distribution, defective steering, transmission failure, incorrect trailer attachment, defective lighting on the rears or sides of vehicles, and many more.
Truck accidents can be quite complex since there are so many individuals involved. It can be quite tedious and overwhelming trying to understand the events and responsible parties without the help of someone who is knowledgeable and skilled with trucking law. If you have been injured in a truck accident in the state of California, the Duque Law Group has the expertise and experience to be able to help you figure out who exactly is responsible so that you can proceed with a strong case and get the reparations that you deserve for your suffering. You will want a personal injury attorney to help you in your case after a truck accident, and the Duque Law Group is here to help you.
Contact our Orange County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
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