Are You Entitled To Compensation For A Truck Accident (2023 Updated)?

Are You Entitled To Compensation For A Truck Accident (2023 Updated)?
This big rig T-boned the other vehicle.

The Most Dangerous Accidents

Every day, motor vehicle crashes of all kinds take place. These accidents can happen between two cars, a pedestrian, or a truck. Unfortunately victims are often left with serious injuries, if not fatal.

Truck Accidents

  • Trucking accidents are some of the most dangerous collisions due to the high weight of the truck. This usually affects those who are hit by the truck more than the truck driver. As a truck driver being in a larger vehicle is often a good thing as the likelihood of being hurt is significantly lower for large trucks, which can weigh up to ten times as much as an average vehicle.

Getting Compensated

  • Trucking accidents are more complicated than a car accident. Most cases will not only hold the truck driver responsible, but the chain will also point to the truck’s owner, manufacturer, and other parties. Because of the complexity involved in trucking accidents, it is important to contact an experienced lawyer. To prove driver negligence, you need to have a good understanding of trucking. To prove your case and get the right compensation, an attorney will need to consider the truck, company and cargo involved. 

You will need to consider all parties involved in the incident when determining who is responsible for the accident and thus your injuries. You may have one or more people responsible depending on the truck and accident. Sometimes just one driver may be the only one responsible for an accident. 

Liability

  • If the truck driver is under the influence of alcohol or drugs while driving, they may be liable. Most states consider a driver ” impaired ” if their blood alcohol content (BAC) is 0.08% or more. However, a Class D driver behind the wheel is subject to DUI if they have a BAC level above 0.04%.
  • Trucking accidents are also caused by distracted drivers texting or driving while distracted. An estimated 18% of car accident deaths are caused by distracted driving and texting. 
  • Fatigue is another cause of driver error. However, in some cases this could be attributed to employers who may make their employees drive for longer hours than what is legal to save money and time.  This can lead to injuries and accidents. You may be able, depending on the circumstances, to hold the driver responsible for the accident and their employer accountable as you seek damages.

It is the responsibility of the owner to ensure that the vehicles are in good working order before they allow a driver to drive. Auto technicians must ensure that they address all issues when fixing large vehicles. Sometimes, the trailer’s cargo may be too heavy for the brakes to work properly, which would mean that the driver was negligent, entitling you to compensation for economic and pain and suffering damages.

Summarized from an article by Trial Lawyers Freeman & Freeman.