Truck Accident Attorney Referral Service
What is a Truck Accident?
A truck accident occurs when there is a collision or another type of wreck involving a tractor-trailer. The other party can be an automobile, a pedestrian, a cyclist, a motorcycle rider, or another truck.
Truck accidents can be caused as a result of a number of factors, including:
- Weather conditions
- Poor road conditions
- Driver fatigue
- Improper training
- Improper truck maintenance or repair
There are also different types of truck accidents, including:
- Rollovers, which is when a truck loses control and slides sideways.
- Malfunctioning air brakes which is when the truck’s brakes fail, usually while going downhill, and prevent the truck from stopping.
- Jack-knife, which occurs when a truck’s trailer swings outwards during an accident. The cab of the truck will turn towards the trail, causing it to fold.
- Tire blowout, which can result in damage to surrounding vehicles as well as a loss of control of the truck.
- Under-ride, which happens when a truck stops quickly, and vehicles traveling behind it continue forward and get caught beneath the truck’s trailer.
- Rear-end which is when the truck slams into the back of another vehicle.
- Head-on collisions which occur usually because a truck driver has been driving recklessly.
- Side impact collisions which occur when a truck is attempting to change lanes and doesn’t realize it is unable to safely due to another vehicle.
- Losing a load, which occurs when a truck’s trailer is not properly secured.
- Blind spot accidents, which occur often with smaller vehicles or motorcycle riders. Trucks have large blind spots, making it difficult for truckers to switch lanes.
When I have an accident with a commercial truck (18 Wheeler/Semi Truck) who is liable?
Liability can belong to either party involved in a commercial truck accident. Because of this, there is no one-size-fits-all answer to who is liable when you have an accident with a truck. However, liability is usually proven by showing that one of the parties was negligent.
If you have been injured in a truck accident, you will generally have to prove that the truck driver was negligent in order to recover damages. Negligence means that the driver or trucking company owed you a duty to exercise a reasonable degree of care to avoid injury under the particular circumstances. In order to successfully be awarded damages, it must be proved that the driver or trucking company failed to exercise that reasonable care, and that failure must have been the cause of your injury.
It’s also important to consider whether other conditions contributed to the accident. For example, if you are involved in a jackknife accident that was caused by slippery road conditions, the driver of the truck may not be liable because the slippery road conditions were unforeseeable.
Are commercial truck drivers protected by any special laws?
The trucking industry is regulated by a wide variety of laws – both state and federal. Many of these laws are put in place to ensure that truck drivers and trucking companies are operating their vehicles in a safe manner so that serious accidents do not happen.
If there is an accident due to the truck driver’s or the trucking company’s negligence, the driver and/or company will usually be held liable for that negligence, especially if it caused a serious accident resulting in catastrophic injury or death.
How can an attorney help me with my case?
When you have been the victim in a truck accident, a lot of damage probably occurred. This damage includes property damage, physical damage, and even emotional damage. It is important to consult with a truck accident attorney after an accident as he or she will be able to evaluate your case and tell you whether you will be able to recover damages from the driver or the company.
Additionally, to be successful in such an accident claim, you must prove negligence – a theory of liability with which a personal injury attorney will be familiar. The attorney will know what you will need to present in court in order to be successful in your claim of damages.
A truck accident attorney will also be skilled at negotiating settlements and may be able to convince the trucking company, or its insurance company, to provide compensation out of court which will save time and money. While this is not always possible, many court cases do end in settlements meaning that those bringing the suit won’t have to pay costs that are associated with going to trial.
Contact us at 818-340-4529, for help with finding the right attorney for your case.