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Who is liable for my truck accident?

| Jun 12, 2020 | truck accidents

While any motor vehicle accident can result in serious injuries, truck accidents are especially notorious for the catastrophic injuries they cause. Research shows that an accident between a passenger vehicle and a commercial truck is much more likely to result in serious injury or death than an accident involving just passenger vehicles. Commercial trucks often carry thousands of pounds of cargo, and with the sheer size of the truck itself, accidents involving trucks can be truly devastating. Many truck accident victims suffer life-altering injuries, including traumatic brain injuries, spinal cord damage resulting in paralysis, severe burns, and loss of limbs.

Because of the severity of these accidents, many victims find themselves unable to work as they recover from their injuries. In some cases, victims may suffer permanent injury, making it impossible for them to ever return to work. Without the income from their employment, paying medical bills and making ends meet can be overwhelming, if not impossible. Filing a personal injury lawsuit against the parties responsible for your truck accident can provide you with the compensation you need to support yourself and your family.

Truck drivers and trucking companies are expected to adhere to all federal trucking regulations implemented by the Federal Motor Carrier Safety Administration (FMCSA) and U.S. Department of Transportation (DOT). These regulations limit the number of hours a driver can drive to prevent drowsy driving, detail the licensing requirements for operating a commercial truck, set weight limits on truck cargo to prevent overloading, set maintenance requirements, and set guidelines for transporting hazardous materials.

Truck drivers and trucking companies are often liable for accidents after violating these laws. Failure to follow these laws, as well as state traffic laws, is considered negligence. For example, a negligent truck driver may fall asleep behind the wheel after failing to take a legally required break, drive at an excessive rate of speed, or fail to inspect the truck properly before hitting the road. A trucking company may be liable for failing to conduct necessary background checks on its drivers, failing to provide proper training, or failing to schedule inspections. Mechanics, truck manufacturers and other parties may also be liable for mechanical issues that lead to accidents.

Recovering damages after a truck accident can be challenging and require you to prove negligence. A personal injury attorney in your area can assist with your case.