The trucking industry is a major part of the United States. The sad part is that truck accidents are pretty common in the US. Truck accidents are often devastating. The vehicle’s size and weight cause serious damage to the people involved and the area around the accident.
This article focuses on the common causes of truck accidents. There are 4 reasons why truck accident claims are considered complicated.
Common Causes of Truck Accidents
The causes of truck accidents can be due to the following reasons:
- Driver Fatigue: If drivers work longer hours with no breaks, they might get fatigued and doze off behind the wheel.
- Speeding or Reckless Driving: Trucks require a longer time to brake; in such conditions, it is dangerous for the driver to speed or drive recklessly.
- Equipment Failure: Poor maintenance can cause equipment failure, leading to accidents.
- Improperly Loaded Cargo: Unbalanced or overloaded trucks are harder to control.
- Distracted Driving: Engaging in activities that distract the driver’s attention, such as eating or fixing the GPS, can lead to accidents.
Reasons Why Truck Accident Claims Are Complicated
1. Multiple Liable Parties
Unlike car accidents, truck accidents can have various parties whose negligence may have contributed to the accident.
Involved parties may include:
- Truck Driver: The driver is held liable if the accident was caused due to speeding, DUI, fatigue, etc.
- Trucking Company: The trucking company can be held liable if hiring practices, lack of training, or maintenance cause the accident.
- Cargo Loaders: Cargo loaders can be held liable if improperly secured or balanced goods cause the accident.
- Manufacturers: Truck manufacturers can be held liable if faulty vehicle parts cause an accident.
2. Complex Federal and State Regulations
The trucking industry has to follow strict laws set by state laws and the Federal Motor Carrier Safety Administration (FMCSA).
These laws specify the following:
- Hours of Service (HOS): It specifies the hours the driver can work per shift. This is to ensure that the driver does not get fatigued.
- Weight Limits: These rules govern the weight of goods certain vehicles may carry in one load. This is so that the vehicle doesn’t topple due to overloading.
- Regular Maintenance: These laws are established to ensure the vehicles are well-maintained. It ensures no accidents are caused by damaged parts.
3. Severe Injuries and Higher Compensation Stakes
As trucks are significantly huge and heavy, the injuries the victims suffer are much more severe than other accidents.
Such accidents can lead to:
- Permanent Disabilities: Truck accidents can be dangerous as they can often lead to permanent disabilities, which must be taken into account.
- Long-term Medical Care: Truck accidents often lead to injuries that need long-term medical care, such as physical and occupational therapy.
- Lost wages and loss of earning potential: Severe injuries can lead to the victim missing a significant amount of working days or even leave them incapable of going back to their previous job.
As trucking companies have a battalion of ruthless lawyers, there are chances that they will attempt to avoid or minimize payments.
They do this by doing the following:
- Denying Liability or Blaming the Victim: The trucking companies might try to shift the blame or deny their liability to avoid payouts.
- Delaying Settlements: They might try to delay compensation, hoping the victim would either give up or take a much lesser settlement.
- Offering Lowball Settlements: They might offer settlements that are way less in value, stating that the stated amount is the best they can do.
4. Extensive Evidence Collection
Evidence is necessary for all types of accidents. Unlike other accidents, truck accidents require extensive investigations to get proper evidence.
Some forms of getting evidence are:
- Truck black box data: The black box is a device that records the truck’s operation. It can be used to get details on the truck’s speed, braking, and hours of operation.
- Driver’s Records: The driver’s record, such as their driving record, past violations, and drug and alcohol tests needs to be examined to see if the driver has a history.
- Vehicle Inspection Reports: The company’s vehicle inspection records need to be examined to verify if the lack of maintenance caused the accident.
- Surveillance Footage: Visual records of the accident are beneficial for examining the accident and establishing liability.
- Witness Statements: Statements from individuals who might have witnessed the scene and expert witnesses, such as an accident reconstructionist, can be beneficial.
Collecting evidence as soon as possible ensures no evidence has been tampered with, giving the victim a solid claim.