Blogs
on June 20, 2024
Why You Need a Semi Truck Accident Attorney
A semi truck accident lawyer (pop over to this site) may be needed if you or someone you care about has been injured in a truck crash. These types of accidents are very unique and you'll need someone who is knowledgeable of the laws and regulations applicable to commercial trucks.
Accidents involving trucks can result in liability for a variety of parties which include the trucking company the driver, the manufacturer and others. A good lawyer will know how to navigate through these areas and ensure that you get the money you are entitled to.
1. Human error
The majority of truck accidents are caused by human error. In fact almost 87 percent of truck crashes involve some kind of error. This is because a majority of people don't have a complete understanding of the aspects involved in getting a huge tractor or 18-wheeler onto a road and keeping it safe.
Additionally, truck drivers who work for long hours without getting enough rest can result in fatal accidents. Research shows that fatigued drivers is the cause of 30% of all truck accidents fatalities.
Truckers must adhere to all federal and state rules regarding the amount of time they can drive in a day and how much rest they need to get before they are able to drive again. This will prevent accidents from occurring in the first place, and also provides the safety of other drivers.
Human error is a thorny problem that can affect many people and different circumstances. This makes it difficult to determine who is at fault for an accident and what you deserve for your injuries. An experienced lawyer who is skilled in large truck accidents can assist you in determining who is legally responsible for your injuries.
2. Defective equipment
Large machinery and industrial equipment are susceptible to a variety of problems, such as malfunctioning safety devices and faulty components. Damages caused by defective equipment could turn a routine working day into a life-altering or fatal situation for workers and those surrounding them.
The faulty equipment can also harm a company's reputation and result in financial losses. Defective ladders can lead to falls and injuries and electrical equipment could be infected with a defect that could cause burns or electrocution.
Additionally, the defects in truck and trailer parts could be harmful to other drivers. A truck driver may have difficulties controlling the truck due to an issue with the brake system.
This can cause a number of truck accidents, such as rear-end collisions and collisions other vehicles. Brakes may fail due to manufacturing defects or lack of maintenance from the mechanic.
In certain instances the manufacturer of the equipment that is defective can be liable. A semi truck accident lawyer can seek compensation from the manufacturer in the event that there is a defect in the component of the equipment is the cause of an incident.
3. Long hours
The Federal Motor Carrier Safety Administration regulates the amount of time truckers are able to work during a week. These limits are designed to avoid fatigue, which can lead to numerous accidents.
Unfortunately, many truck drivers don't adhere to the rules. Many truck drivers push themselves beyond their limits in order to go beyond their company's miles goals. This can lead to many issues, including overworked drivers and driving habits that are unpredictable, and a higher chance of accidents.
Long hours can also be a long commute, lack of sleep, and inability to complete tasks before the deadline. All of these contribute to stress and burnout which can have a huge impact on your ability to do your job at a top level.
Despite the dangers of working for long hours, it's important to remember that you deserve an equal chance to be treated with respect. A semi truck accident lawyer is the best way to protect your rights.
A competent lawyer can assist you file the appropriate insurance claim, obtain damages and show negligence on the part of the responsible parties. A good attorney will also take the time to review your case and determine the most efficient way to secure the compensation you need and deserve.
4. Negligence
Negligence is any action that breaches a person's duty of care for the public and is the basis of most personal injury lawsuits. This duty of care can include hiring and training safe drivers, testing them for drug use and alcohol consumption, as well as maintaining the trucks in a safe manner.
Distracted driving - Truckers often perform multiple tasks while driving on the roads, which could result in accidents. It is essential to adhere to the law regarding distracted driving.
Equipment failure - Sometimes, accidents could be the result of a defect in the truck trailer or the truck. You can file a product liability case against the truck or trailer manufacturer, as well as any other component that was involved to an accident.
Cargo loaders: The companies that load trucks also have the responsibility to ensure that the cargo is secured and balanced. Truck drivers may lose control of their vehicles when they are carrying unbalanced or loose cargo. This could result in accidents.
A seasoned semi truck accident lawyer is recommended if you or a loved was injured in a truck crash. They are well-versed in these types of cases and will help prove negligence caused your injuries.
5. Defective design
A qualified attorney must review the maintenance records for the semi truck as well as the manufacturer's records to determine the reason for an accident. An experienced Louisiana truck accident lawyer will analyze these data to determine if there are design flaws which can be used as evidence in lawsuits against the manufacturer.
The law on product liability states that a manufacturer is liable for defectively designed products in cases where the reasonably anticipated risks of injury resulting from it could have been mitigated with the adoption of a reasonable alternative design. To prove design defect claims the plaintiffs must demonstrate that a safer model existed at the time of harm and that a less dangerous alternative could have avoided the injury without negatively impacting the product's value.
McCartney Stucky LLC's founders have extensive experience handling cases involving crashworthiness of heavy trucks and are able to help you seek compensation for your injuries. Contact our team immediately in the event that you or a loved one have been hurt by a truck that was defective.
6. Defective maintenance
In the trucking industry, proper maintenance is vital in keeping freight and drivers moving in a safe manner. Incorrect maintenance can lead to tire blowouts, brake malfunctions and other dangers. Additionally, improper maintenance may be the cause of a serious truck accident that causes deaths or injuries.
Large trucks are frequently involved in accidents due to inadequate maintenance. Fortunately, the majority of accidents are preventable.
Companies can enhance their performance and decrease failures by planning maintenance. This includes implementing safe procedures, regularly inspecting equipment and performing regular maintenance.
Although it isn't easy to develop a system of maintenance, it can save you money and prevent future accidents. Prevention is usually cheaper than the cost of repairs following an accident.
If you have been injured due to the carelessness of a business's maintenance of a commercial or residential property, the team at Leav & Steinberg LLP can help you find the best solution for your situation. For more information about our services and solutions, please contact us. The legal professionals of our firm have years of experience in premises liability. They will strive for maximum compensation.
7. Injuries
A semi truck's weight and size can cause severe injuries or death when it encounters a vehicle that is a passenger. These accidents could result in the deaths of the truck driver as well as the passengers.
There are a myriad of injuries that could be sustained from semi truck accidents however the most common ones are broken bones , as well as other traumatic damage. There are minor fractures that can occur or severe amputations.
Amputations can result in nerve damage permanent nerve damage and even infection. Amputations can be extremely painful and difficult for patients to treat.
Semitruck accidents can lead to severe injuries such as spinal cord injuries. A spinal cord injury could cause cognitive and physical impairments that can last for a lifetime.
Neck and head injuries are also commonplace in semi truck accidents. These injuries can be caused by the force of the crash or flying objects that strike the victim's head or neck. These injuries can cause whiplash, or traumatic brain injuries, depending on the crash.