An accident with a big rig is typically very devastating. The sheer size and weight of these large trucks can cause serious injury and damage to a vehicle. With more 18-wheelers on the road these days, it is inevitable that there will be more accidents involving large trucks than ever before.
If you or a loved one have recently been in an accident involving a commercial truck, you should know that the matter will likely be more complicated than it would be in a simple traffic accident involving commuter vehicles. There are more people involved with commercial trucks, including both the owner and driver of the truck, and you often need to have some knowledge of the industry to fully understand the intricacies of the case. The knowledge of the common reasons for trucking accidents, relationships between those involved with the truck, trailer and load, will all be helpful in presenting your case.
In the United States, the trucking industry is mandated by federal regulations that establish a set of standards and can determine the responsible party in a truck-related accident. Title 49 of the Code of Federal Regulations contains most applicable regulations. Fortunately, the Duque Law Group can put years of expertise in your corner to understand your rights under the law.
There is a large number of potential responsible parties in any commercial truck accident. These include: the owner, whoever leased the truck from the owner, the driver, shippers and loaders, the manufacturer of the vehicle or any parts, etc.
In recent years, trucking companies have found loopholes that have allowed them to avoid liability for accidents by distancing themselves from the drivers, vehicles and equipment. While they are the holders of the required permits to operate the vehicles, they often do not own the equipment itself. They also hire drivers as independent contractors rather than employees. These practices have enabled them in the past to shift the responsibility over to the truck owner and driver.
Fortunately, federal regulations have closed some of these loopholes and 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 police reports and witness statements to prove the specifics of an accident. Now, data from high tech devices and information from government agencies are also available for greater understanding.
The most frequent causes of truck accidents are driver error, mechanical failure, weather conditions, road design and traffic signal failures.
According to FMCSA, 88% of trucking accidents are caused by a driver’s action or failure to take action. Sleep deprivation and driver fatigue are by far the most common causes of big truck-related accidents.
Closely following driver error, the second leading contributor to truck accidents is equipment and mechanical issues. These can be design mistakes within the vehicles, manufacturing errors, or some other issue that interferes with the truck running smoothly. The vast 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 de-powering 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 overwhelming due to the number of 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 Riverside County Trucking Accident Lawyer to help you in your case after a truck accident, and the Duque Law Group is here to help you. Call our office today or leave a message for us online.
Fields Marked With An ” *” Are Required