What To Consider In A Legal Sense If You’re Involved In A Truck Accident

 

When you’re involved in any type of accident, sometimes the first tendency is to panic. After all, your health is the top most priority and ensuring you are safe matters. However, there are legal matters and considerations involved when accidents happen, and the same is considered when and if you’re involved in a truck accident. What exactly should you consider in a legal sense if you’re involved in a truck accident? This article will give you a rough idea on what to do should you find yourself in a truck accident, especially the legal considerations you have to make.

Do remember however that this article is best supplemented with knowledge you can obtain by consulting a legal professional, such as ones here, as their training on these laws can give you the kind of insight and heads up you need if involved in a truck accident.

According to Find Law, being involved in a truck accident is not entirely impossible, though truck drivers do appear to try to make this less likely to happen. As per the United States Department of Transportation, in 2006, there were 106,000 injuries and 4,995 fatalities related to truck accidents. These occur sometimes because of the driver’s fault, or because of unforeseen circumstances. Truck accidents sometimes become worse because of the the freight carried by the truck, which can consist of flammable or hazardous materials such as industrial waste or gasoline. This means being involved in a truck accident is extremely hassling, especially if you’ve been injured. Here are other things to consider in a legal sense:

 

Consider: Proving Your Case

 

road night

Like in vehicle accidents, when liability is being considered, “negligence” is the leading factor in a commercial truck accident. As such, if you’re injured in a commercial truck accident, you most likely have to prove that:

 

  • That the defendant, or the trucking company, owed the plaintiff, or the person injured, the duty to be cared for within reason under the circumstances involved. This means drivers owe passengers, pedestrians, and their fellow drivers some degree of safety while they’re on the road.
  • This means a defendant has been negligent if this kind of care hasn’t been done in a reasonable rate, or called “breaching” the duty, and if this failure has actually caused an injury.

 

Consider: Special Situations

Sometimes, however, not all actions of drivers can be proven to be negligence on their part. There are activities that take place while a truck is driven that may be a cause of an accident.

 

  • For instance, jackknifing can happen often to larger vehicles such as 18-wheel trucks. This can be especially problematic when turning or braking. Drivers who have jackknifed accidentally may not be held liable, especially if the jackknifing was caused by a slippery road, an abrupt turn, or obstacles.
  • For another case, turning accidents may also be a cause of accidents. Commercial trucks are extremely hard to turn as they often occupy two entire lanes before ever getting to drive straight.

 

Consider: Potential Defendants

The next step to consider is to perhaps consider the defendants you will file a case against, especially if you’re aiming to be compensated for care you’ve paid for to treat your injuries. In some cases, contractors, insurance companies, employers, and trucking companies may actually be obligated to give you adequate compensation for your injuries.

 

  • For instance, if there’s an employment relationship between a trucking company and a company driver, the company may actually be responsible for the driver’s negligence. In light of this, your attorney now has to help show that the company has had some measure or level of control over the truck’s driver, and that the accident happened while they were in that employment relationship.
  • The above becomes tricky if the driver is actually working for a company as an independent contractor. In this case, the issue now becomes a bout the amount of supervision the company has given.
  • This means the defendants may have a larger role towards providing you with the kind of compensation you need, and the potential liability of these people involved will likely influence the policies and the outcome of the case you will submit.

 

Consider: Damages from the Incident

 

truck car

If you’re involved in a truck accident, another consideration is that you may be provided with damages, or financial compensation for emotional, financial, and physical losses that have resulted from the accident.

Conclusion

Trucks are very big, and as such when people see these behemoths on the road, the first tendency is to indeed let them through or at least not get in their way. This is why when people get involved in truck accidents, it often gets messy – not just literally, but in other factors as well. Since trucks have handlers and companies that manage them, there are far more variables to consider when assessing a truck accident, and what to consider in a legal sense if you’re involved in a truck accident can serve as relevant information on your end.

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Disclaimer: Please remember that this article is not actual legal advice. It’s advised you speak with a lawyer familiar with truck accidents to learn about the specifics of the topic and how it can be applied to your situation.

Joanne Reed has been writing about law and business for almost a decade, and is currently writing her next big law project. She is an avid sports fan and loves watching games if she has free time.

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