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What Needs to Be Proved to Win A Trucking Accident Case?
Truck drivers are often held responsible for causing serious truck accidents. Most truckers drive large, heavy vehicles that can cause severe damage and even death when they collide with smaller passenger cars.
Unfortunately, the insurance companies of these big rig drivers will do anything to keep from paying you a fair settlement for your injuries and damages. They'll try to say that you were at fault or that you exaggerated your injuries, so they don't have to pay up!
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys have helped many people get compensated for severe injuries sustained in accidents caused by negligent drivers.
Our attorneys understand how to build a strong case against big corporations who try to protect themselves from liability after causing severe injury or death on our roads and highways. Call our experienced truck accident lawyers now at (888) 424-5757 toll-free to schedule your free consultation today!
Holding Truck Drivers Responsible
Proving negligence in a trucking accident case is far from easy. To hold the driver of a commercial vehicle at fault, you must show that they violated a duty of care owed to you as a third party, that this carelessness caused your injuries, and that those injuries were severe enough.
According to the Federal Motor Carrier Safety Administration, 4,317 people died in large truck crashes in 2009 alone. Truck accidents are a serious problem. A vast majority of these deaths were caused by passenger vehicles colliding with large trucks.
Thus, injured people involved in such crashes must take legal action against the negligent truck driver and, if applicable, against the company employing the truck driver to hold them responsible for their behavior. But how can you demonstrate carelessness in a truck crash case?
For starters, you must show that the truck driver was negligent.
Negligent behavior is a failure to act as a reasonable person would in the same circumstances. For example, if the truck driver were negligent, he didn't use reasonable care while driving.
You can usually demonstrate neglect by showing that the truck driver violated a traffic law or regulation. For example, if a car accident happened because a trucker was speeding through a school zone and struck another car, that would be neglect on the driver's part.
Big rig drivers involved in a trucking accident are usually held to a higher standard of care than are ordinary motorists. For example, truck drivers are expected to know the entire federal motor carrier safety regulations, thus demonstrating that they are attentive to their driving.
A truck driver must not use illegal drugs, improperly used prescription drugs, or alcohol.
Trucking Company
A trucking company must provide a safe work environment for its employees. If they fail in that duty, whether through neglect or a lack of training, and a worker is injured, the company should be held liable.
The claimant must be able to demonstrate four things to win a personal injury lawsuit against a trucking company:
- The trucking company owed a duty of care to the injured party
- The trucking company breached its legal duty of care to the injured party
- The injured party sustained damages as a result of the breach of duty
- The breach was a direct cause of the damages suffered by the injured party
Proving these four elements will go a long way toward winning a personal injury lawsuit against a trucking company.
A trucking company involved in an accident bears the responsibility for proving that another company or driver was solely responsible.
A big truck or 18 wheeler can weigh up to 80,000 pounds. This happens because the trucking industry has strict regulations on the allowable weight and length of trucks.
Truck companies are responsible for rigorously maintaining their vehicles, equipment, and employees' training. The trucking companies are also responsible for ensuring that the eighteen-wheeler drivers follow the road rules and drive safely.
A trucking company should do everything in its power to protect both the trucker and other drivers on the road. Fatigue, distractions created by technology, unclear expectations of responsibility - all of these factors have been cited in the past as being responsible for causing a trucking accident.
So, when a driver is involved in an accident, the trucking company should step forward and take responsibility. However, not all trucking companies do this; some try to blame the trucker as much as possible.
To win in a trucking accident case, you must show that the trucking company failed in its responsibility to keep you safe.
It is vital to understand the elements of negligence to demonstrate that the trucking company was responsible for your accident. First, the trucking company must have been negligent or reckless in a way that contributed to your accident.
Truck Accident Victims
Were you involved in an accident with a big rig? If so, you will need to determine what needs to be proven in court before winning your case - and this can be difficult.
You can receive compensation for your injuries if you are involved in a truck accident. Compensation may include money to cover medical expenses, lost wages, and pain and suffering.
You must seek medical attention immediately following a trucking accident, even if you're not sure you have suffered any physical harm.
You need to show what happened, who is at fault, and the extent of the damages.
The need to demonstrate that a truck driver was negligent is not enough to show that a truck accident victim has a case. Several other factors must be considered before determining whether or not a victim has enough evidence to win.
A licensed attorney can represent a plaintiff in a personal injury lawsuit. To win this type of case, the experienced truck accident attorney must show that the negligent actions of an individual, group, company, or corporation caused the injuries they seek for compensation.
Also, the licensed attorney must show that you had a serious bodily injury and that it has affected your life in some significant way.
It is most commonly done by submitting crucial evidence of past and future medical bills, a letter from a doctor explaining the bodily injury and how it prevents you from working, and any awards or compensation that have been given to you as a result of the accident.
Recovering Compensation After Trucks Accident Claims
Many reasons are involved in trucking accident cases. If there is a large settlement involved, you may want to hire a law firm for a free evaluation of your legal options. It's essential to be aware of some general considerations about trucking accident cases.
A successful case requires that Plaintiff has enough evidence to prove that defendant was at fault in an accident.
A fair settlement is not always available, and it is essential to know what you need to prove before starting a trucking accident case to win.
A truck accident claim is one of the most challenging cases to win in a court of law. The reason is that it requires a lot more investigation and evidence than your typical car crash case.
A claimant must prove that the trucking company owed a duty of care to the injured party.
Getting Legal Counsel to Take on An Insurance Company from Experienced Truck Accident Lawyers
At Rosenfeld Injury Lawyers, LLC, our experienced truck accident lawyers know how devastating a trucking accident can be for victims and their families. That's why we work tirelessly to win compensation for our clients.
Whether you or a loved one were injured in an accident involving a bus, 18-wheeler, semi-trailer, tanker truck, or any other large commercial vehicle, you are entitled to maximum compensation. Contact our law office for a free consultation to discuss our legal services.
Don't be fooled by the "big business" image of large trucking companies; they often try to take advantage of your vulnerability after an accident. For example, large trucking companies employ lawyers who will do everything to avoid responsibility for an accident.
An accident lawyer who handles trucking accidents can tell you that there's a lot concerning winning such a case. It is often the most complex type of automobile accident that a lawyer will handle.
Having an accident lawyer from a firm such as Rosenfeld Injury Lawyers LLC on your side can increase the likelihood of a successful outcome.
An accident lawyer requires legal knowledge, tenacity for negotiations, the ability to understand the finances involved and prove liability.
If you have been in an accident with a semi-truck, 18 wheeler, tanker truck, dump truck, or other types of commercial vehicle, you must consult an accident lawyer.
Trucking laws are designed to protect you, the consumer, but many truckers defy these laws.
Defense lawyers who defend trucking accidents know that many elements need to be proven to win a case. Therefore, the defense team constantly focuses on key facts to help their client.
When dealing with defense lawyers, be sure to remember that they look for key pieces of evidence that will benefit their client's case.
Be careful what you say to defense lawyers after a commercial truck accident. They're listening for something you don't even know you said.
Our lawyers are fully qualified to represent clients in personal injury cases that involve large trucks. Accident attorneys in our law offices know all of the federal rules and regulations that truckers must follow. Call 888 424-5757 (toll-free) for legal assistance.
The law offices of Rosenfeld injury lawyers LLC are continually accepting personal injury claims, defective product claims, and social security disability insurance claims.
Common Evidence in a Truck Accident Case
Electronic data can be a crucial factor in winning a trucking accident case. The data of the commercial truck and the driver is of paramount importance, as it can show whether or not any rules were broken.
Truck accident cases are often confusing because of the many factors that must be proven to win.
The first step is to understand that there are four theories of liability that may apply in a truck accident case:
- Carelessness
- Strict liability for a defective product
- Negligent entrustment of a motor vehicle
- Proving a trucking company violated a federal safety regulation
The second step is to consider which of the four theories of liability applies in your case.
The third step is to consider if your case involves collisions or crashes. Collisions are the most complicated type of truck accident cases because they involve several factors that must be proven to win your case.
The fourth step is to understand the elements of proof for each theory of liability.
The fifth step considers how federal and state laws impact a truck accident case.
An experienced truck accident lawyer knows many things that must be proven to win a trucking accident case.
Our lawyers have won many commercial truck accident cases for individuals who have suffered grave injuries or the loss of a loved one in accidents caused by other drivers.
A defense lawyer has to prove the Plaintiff (the one bringing forth the lawsuit) was negligent (in some way responsible for their injury, which is what you're suing for).
In addition, the defense lawyer only needs to show it's more than 50% likely that the Defendant (the one being sued) is not negligent for them to win.
Accident cases can follow victims and their loved ones for years after the tragic event. The majority of accident cases take much time, effort, and research to be proved to a judge and jury.
While you're nursing your truck accident injuries, a truck accident lawyer handles the technical stuff, figuring out how to win your case.
Truck Accidents
In trucking accidents, you must prove, as in any personal injury case, that your injuries were caused by accident and not something else.
An attorney working on your behalf might show that the trucker:
- Failed to observe the red light signal
- Failed to give adequate space between vehicles
- Was driving over the posted speed limit
- Was driving recklessly
- Was driving distracted because of a cell phone or other electronic device
- Didn't follow the Hours of Service Act rules, limiting truckers to work for 11 hours in any 14 hours
If an 18-wheeler injures you, you may be able to hold both the driver and the company responsible. Many states allow individuals to sue for any damages caused by negligence.
Trucking Hours of Service
According to the Federal Motor Carrier Safety Administration, in the hours before a trucker is due to work (assuming they aren't on duty), the driver should not be speeding, engaging in reckless driving, texting while driving, or attempting to drive when tired.
Every trucker must follow Hours of Service (HoS) regulations that mandate daily and weekly rest periods. If a trucker violates the HoS, responsibility for damages in a crash may be shared between the driver and the employer.
The HoS formula limits the trucker to driving no more than 11 hours within 14 hours and restricts the amount of time a trucker can be on duty on any given day.
A truck accident lawyer knows that violations of the HoS regulations can show negligence. For example, if a driver has been on duty for more than 11 hours (and is speeding because he's tired), it would be reasonable to conclude they are negligent.
Most Federal Motor Carrier Safety Regulations are related to safety issues that are critically important for truckers, including brakes, tires, logbooks, hours behind the wheel, and drug testing.
A trucker's job is to transport goods or materials from one place to another safely. If they fail in this duty through negligence, they can be liable for your damages.
The truck accident lawyer you hire will seek compensation for any medical expenses incurred from the crash, including ambulance fees, emergency room treatment, surgery, hospital stays, and follow-up medical costs.
A commercial truck accident lawyer will also seek damages for pain and suffering, loss of income due to inability to work, emotional distress, and scarring or disfigurement.
Sadly, you were hurt in the crash. Whether you were harmed by whiplash from a collision with another car or a back injury from being thrown against the steering wheel, a truck accident lawyer will seek compensation for your physical and emotional injuries.
Federal Motor Carrier Safety Administration (FMCSA) Truck Accident Statistics
According to the government agencies, truckers tested positive for drugs or alcohol in more than 10% of fatal truck accidents in 2012.
The Federal Motor Carrier Safety Administration (FMCSA) statistics show that large trucks and buses are involved in approximately 500,000 crashes every year.
While most of these accidents prove minor fender-benders, approximately 3,800 fatal accidents involve large commercial trucks every year. (FMCSA projects about 6.5 million trucking accidents each year.)
It means that about 10 percent of all traffic fatalities result from accidents between large trucks and smaller passenger vehicles.
If you have been involved in an accident with a commercial vehicle, you need to be aware of what you must prove for your case to have a chance of winning.
Truck Driver Safety Precautions
The big rig drivers have to be aware that they are responsible for everyone's safety. It includes being cautious when driving by obeying all traffic laws and checking for blind spots.
If a truck driver is not careful on the road, their carelessness can lead to accidents. Unfortunately, it is difficult for truck drivers to get compensation for accidents that they cause.
Suddenly Changing Traffic Lanes While a Truck Is Close Behind
Truck drivers need to look for other drivers who might change lanes without warning. Unfortunately, this is a common problem on the road and often causes accidents.
Eighteen-wheeler drivers need to be sure to tap their brakes to signal other drivers that they are there. If a car does change lanes, truck drivers need to be aware of the risks and take steps to protect themselves.
Driver Fatigue
Drivers need to make sure that they are well-rested when operating a large vehicle on the road. If possible, they should frequently stop for breaks. Otherwise, they can risk fatigue causing an accident.
The big rig drivers often drive long distances and are at the wheel for extended periods. Therefore, they need to be properly trained and prepared for any hazardous situation.
Excessive Speeding and Dangerous Driving
Truck drivers must obey all traffic laws just like any other driver. They need to maintain safe speeds and stay within the boundaries of the law. The big rig drivers need to ensure that they are always aware of their surroundings by checking their mirrors frequently. They also need to check for blind spots before changing lanes.
Allowing Trucks to Pass Too Closely
Truck drivers need to be aware that other truck drivers create dangerous situations when they are too close. By allowing trucks to pass them closely, drivers are inviting disaster.
Drivers need to ensure that the vehicle's safety is their number one priority.
Aggressive Driving
Drivers need to be aware that they are not invulnerable on the road. They can run into other drivers who are reckless and aggressive. It is a significant cause of accidents that injure other people.
Eighteen-wheeler drivers need to be aware that they need to pay particular attention to other drivers on the road.
Inattentive Drivers
Drivers have to be aware that they are more likely to get hurt in an accident when other drivers are acting carelessly. Therefore, truck drivers have to make sure that they pay attention to other drivers on the road.
They need to make sure that they do not change lanes without checking their mirrors first, and they should tap their brakes whenever another car approaches.
Investigating Truck Accidents
When a truck accident occurs, it is not only the people concerned who are affected. It is the trucking company and those around who have been injured.
Truck drivers are responsible for their actions and accountabilities, but the companies they work for have a responsibility to ensure the safety of their drivers and all those around them. It is why federal laws are in place to keep truck accidents to a minimum.
Truck drivers are held to stricter rules than standard vehicle operators because of the weight they are carrying, the size of their vehicles, and the amount of cargo they are transporting.
FMCSA is a branch of the United States Department of Transportation (DOT) that regulates the trucking industry regarding safety.
These laws are in place to prevent truck accidents, but mishaps still occur. When an accident happens, it is crucial to find out why and what can be done to avoid it from happening again in the future.
When investigating a truck accident, the first step is to look at the crash scene. Then, the police arrive after the tow trucks and remove the vehicles.
A tow truck driver is not supposed to tow a vehicle until it has been deemed safe to do so, and no one can move a car until the police have approved it.
They will look at the truck and all vehicle components, looking for anything that might have been in the way and caused damage. For example, if a sign in place might have been obstructed, it will be checked for proper placement and lighting.
The same goes for the truck driver. If they might have been visibly impaired, investigators will look for signs of drug use or alcohol and whether the driver was tired and listening to loud music or using a cell phone.
The police report and witness testimony in a vehicle accident case will form the bulk of evidence for either party. However, there's one big problem with this kind of evidence: each party gives it from their perspective, which can influence the accuracy of its presentation.
Driver's negligence is at the center of every truck accident. For example, suppose you are in a car accident with a semi-truck or other large commercial vehicle. In that case, you will need to prove that the truck driver was negligent to recover compensation for your injuries.
Truck Insurance for Truckers and Trucking Businesses
An insurance company uses various methods to avoid paying the damages demanded following an accident caused by a negligent truck driver.
The insurance companies will try to create their evidence. It may include interrogating you, the Plaintiff, about the event that led to your bodily harm.
Trucking companies must have more insurance than other companies since they transport hazardous and expensive cargo. It makes it easier for accident victims to receive compensation after a trucking accident.
Hiring a Lawyer to Prove a Trucking Accident
Were you injured in a trucking accident? Hiring an experienced lawyer is the best way to compensate for your injuries?
We understand how stressful it can be when you've been involved in an accident and need legal advice. That's why we want to make sure that our clients are taken care of every step of the way.
You don't have to worry about anything because our trucking company's lawyers will handle all the legwork for you on a contingency fee basis so that you can focus on getting better and recovering from your injuries. So, let our law firm take care of everything while you get back on track with life!
Call our law offices toll-free (888) 424-5757 or fill out this form online for a free consultation today!
Information you provide to our legal staff is kept strictly confidential in the context of an attorney-client relationship.