It seems an obvious conclusion that with more big rigs on the road within the last 2 decades, the more accidents that will occur involving these commercial trucks. While large trucks are at fault in a mere 3 percent of motor vehicle accidents with injuries, the devastation caused is exponentially greater due to the massive weight and size of the majority of trucks.
Truck and trailer maintenance history, as well as load size violations can play a crucial role in determining the merits of your claim when involved in a accident with a commercial truck in Santa Clarita. Both the driver and owner of the truck are likely to be named in any lawsuit you file, making these types of accidents more complicated than a simple traffic accident involving a commuter vehicle.
The trucking industry has been standardized by federal regulations that establish a set of standards and can determine the responsible party in a given trucking accident. Title 49 of the Code of Federal Regulations contains most applicable regulations. Fortunately, by working with the Duque Law Group you can put years of experience in your corner to understand your rights under the law.
There is a variety of potential liable parties in any trucking 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.
Commercial trucking companies have tried to distance themselves from the drivers, equipment, and vehicles in an attempt to avoid responsibility in an accident. They obtain the necessary permits to operate the vehicles, but often do not own the equipment used to haul the load in the truck. They also hire drivers as independent contractors rather than employees, often enabling them to shift the responsibility over to the driver and owner of the truck.
Fortunately, 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 in the past 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 cause of big truck accidents are driver error, mechanical failures, road design, weather conditions, and traffic signal failures.
By far the most common cause of trucking accidents, driver error is responsible for the majority of accidents involving a big rig. According to FMCSA, 88% of trucking 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.
Issues with equipment and mechanical are the second leading cause of truck-related accidents. These can be design errors in the vehicles, manufacturing mistakes, 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.
Accidents by truck drivers can get confusing since there are so many individuals involved. It can be quite difficult to maneuver 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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