Truck Accidents - Who Can Sue
If you or a loved one has been hurt in a truck accident, don't settle before you know your legal rights. You may be eligible for even greater compensation than you think through a personal injury lawsuit.
Truck Accident Statistcis
About 12 percent of all annual motor vehicle fatalities are due to truck accidents. Truck driver error is normally the main cause of accidents involving semi trucks. This can be from driver negligence to simple accidents. Lack of driver training can often lead to improper lane changing that often affects cars sharing the roadways with these big rig trucks.
Truck Driver Fatigue
Truck driving is one of the most tiresome and time-consuming jobs. Fatigue and schedule pressure can also take a real toll on truck drivers, causing accidents and fatalities. Though federal law limits the number of hours a trucker is allowed to drive, driver fatigue is still a very real problem for truck drivers who are given high-pressure delivery schedules and face long hours behind the wheel. This still puts the driver and sometimes the trucking company at risk for liability if an accident occurs. If the company has ignored the federal law and forced the driver to work overtime, the company might be liable.
If you have been in an accident with a truck driver and suspect the driver to be fatigued and lacking sleep, you should contact a personal injury attorney who specializes in truck driving accidents to file a lawsuit.
Truck Accidents Caused by Impaired, Negligent Truck Drivers
If you have been in an accident with a truck and think the driver was impaired or negligent, contact your local truck accident attorney to proceed with a claim.
In addition to fatigue, there are several questions you should ask yourself after being in an accident with a truck driver you suspect of negligence. In addition to stay awake drugs, drivers could be using recreational drugs that hold them and even the trucking company liable.
Was the driver speeding or utilizing stay-awake drugs? Red Bull, 5-Hour Energy and other drinks are popular to help increase energy. But the packaging clearly states that they should not be used with a lack of sleep to compensate. They should be used with a proper amount of sleep to boost energy.
Alcohol or drug abuse can impair a trucker's ability to drive and significantly impact reaction time. In fact, nearly 35 percent of all fatally injured truck drivers test positive for some kind of alcohol or drug use. These drugs can cause a driver to energize suddenly and crash just as suddenly. This makes the driver liable for the accident and any personal injuries you incurred. If a driver seems to be under the influence of recreational drugs after an accident, immediately contact a local
truck accident attorney.
Truck driver negligence is a leading cause of serious and fatal truck accidents throughout the United States.
Another question is if the driver weaving in and out of traffic or cutting off other cars? This puts any driver at a liability because truck drivers have a dangerous machine at their disposal and for lack of better words can crush cars on the road. If a driver of a truck was driving recklessly, the consultation of a personal injury attorney specializing in trucking accidents can help file an injury lawsuit.
Trucking Company Negligence
Also, did the trucking company habitually utilize negligent hiring practices in hiring unqualified drivers or drivers with a criminal record or drug history? If they did not check out a driver before hiring him or her, a claim can be filed against the company.
Commercial trucking companies often will have an investigation team at the scene of the accident to control the evidence and the scene. This investigation team uses all means necessary to mitigate the damage, the extent of your injuries, and deflect liability away from the truck driver.
Trucking Company Responsibility
In 2008, a family of five was killed by a truck driver in an accident. The family's car was stopped at an intersection when a truck pummeled into car killing the occupants almost instantly. The truck driver is being charged with five counts of dangerous driving causing death. The driver refused to provide a breath sample at the scene, but police reports indicate that excessive speed and alcohol were contributors.
A
wrongful death lawsuit against the driver and maybe even the company can be filed for negligence. This is why it is important to seek counsel from an attorney when in an accident with a truck if you suspect negligence from the driver.