It's every driver's worst nightmare. That huge Semi-Truck barreling towards you, losing control and crashing into you, causing devastating injuries to you and your passengers.
Unfortunately, Semi-Truck accidents occur on a frequent basis and often cause the most serious traffic-related injuries and deaths.
Besides the confusion and stress caused by the severity of injuries in trucking accidents, matters are further complicated due to different traffic laws and liability that specifically pertains to the trucking industry.
If you or someone you know has been involved in an accident involving a Tractor-Trailer, learning about the following facts regarding truck accidents can help protect your legal rights.
Who can be held Liable for a Semi Accident
In accidents that involve large commercial trucks, determining liability can turn into a sticky situation.
There are many different parties involved in the trucking industry, any of which could share a percentage of liability depending on the cause of the accident.
Any of the following entities could share responsibility and be responsible for paying out compensation to the injured persons.
- The Truck Driver
- The Trucking Company/Employer
- The Truck Maintenance Company
- The Company whose Materials are being Shipped
- The Company that Made the Truck
Determining liability when it comes to your Truck Accident case depends on the circumstances of your accident, i.e. what caused the crash to happen.
For Example, if your accident was the result of a failure in a mechanical component, then the trucking company could potentially be held responsible for failing to have proper maintenance, the Maintenance company could be liable for failing to perform proper maintenance or the company that made the truck could be at fault for manufacturing a defective product.
The complexities that result from Semi-Truck accident injury cases are why having an experienced personal injury attorney is so important to protecting your legal rights and getting the amount of financial compensation that you are owed.
Trucking Rules and Regulations
In the Trucking Industry, there
Although the regulations can vary at the state level, federal regulations apply to the entire country, and if the Truck Driver or Trucking Company is found to be in violation of any of these rules, they can be held liable for the accident.
Some of the trucking rules and regulations that often come into play during a truck accident lawsuit are:
- Hours of Service - Truck Drivers are limited to the number of hours that they can drive in a 24 hour period. Many times, Drivers will violate these rules in order to finish a delivery on time, creating a potentially dangerous situation. If the truck driver violated these rules, they can be held liable for the accident.
- Commercial Licenses - All truck drivers must have what is called a commercial drivers license to legally operate their vehicles. If the driver did not have the correct license, you have a legal right to compensation.
- Maximum Weight Permitted - Depending on the type of truck and
the amount ofaxels, there is a certain amount of weight that is permitted to be transported on that vehicle. If the truck is loaded with too much weight, it can cause dangerous driving conditions and lead to an accident.
- Shipping of Hazardous Materials - There are many regulations regarding the transportation of potentially hazardous materials. If trucking companies do not follow these rules, it can put other innocent drivers at risk of exposure or contamination.
- Quality Control & Maintenance of the Trucks - There are also federal and state regulations when it comes to regular maintenance and truck inspections. Failing to perform these properly and when necessary can result in an accident and a lawsuit.
How an attorney can help
As you can see, Truck Accident cases can be incredibly complex, with multiple parties sharing liability and serious injuries that result in huge medical bills.
Speaking with an experienced Personal Injury attorney is the best course of action to take if you have been injured in a Truck Accident.
Personal Injury attorneys work with Truck Accident victims and can help investigate the cause of their accident, and get them the financial compensation that they deserve.
Some of the types of compensation that Truck accident Attorneys fight for include:
- Pain and Suffering
- Lost Wages
- Medical Bills
- Property Damage
- Loss of Consortium
- Loss of Potential Future Earnings
If you or someone you know has been injured in a truck accident that was not their fault, it is essential to speak with an experienced personal injury attorney and have them investigate your accident and fight for you.
If you would like to be connected with an experienced attorney in your area to learn about the details of your truck accident case, contact us for a free legal consultation, click on the link below!