Within the past 2 decades, the number of commercial truck accidents has risen as more big rigs take to the streets. Though large trucks are responsible for a mere 3 percent of traffic accidents that cause injuries, they are naturally more severe when they do happen due to their massive weight and size.
Commercial trucking accidents can be quite a bit more complex than a regular car accident. Both the driver and owner of the truck will generally be involved, and you will need to have some knowledge of the industry to fully understand the potential case. The knowledge of the common reasons for trucking accidents, relationships between those who have to do with the truck, load, and the trailer, will all be helpful in determining the validity of your claim and presentation of your case.
The commercial trucking industry is mandated by federal regulations that establish a set of standards and can determine the liable party in a given trucking accident. Title 49 of the Code of Federal Regulations contains most applicable regulations. 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 are a number of potential responsible 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 distance themselves from the drivers, equipment, and vehicles in an attempt to avoid responsibility for these accidents, trucking companies have employed several measures to protect themselves. While they are the ones with the necessary permits to operate the vehicles, they often do not own the equipment that is used to haul the load. They also hire drivers as independent contractors rather than employees. These practices enable them to shift the blame over to the people who owned the truck and who were driving them.
Fortunately for the rest of us, federal regulations have 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 historically 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.
According to FMCSA, approximately 88% of trucking accidents are caused by driver error. These accidents are caused by a driver’s action or failure to take action. The most frequent way that this happens is through driver fatigue and sleep deprivation.
The second most common cause of commercial truck-related accidents is mechanical and equipment issues. These can be design errors in the vehicles, manufacturing mistakes, or some other issue that interferes with the truck running smoothly. The majority 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.
If you have had the misfortune of being in a truck accident, you will find it can be quite daunting to tackle alone since there are so many individuals involved. It can be quite difficult to navigate through 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 Los Angeles 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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