Sharing Arizona’s roadways with commercial trucks is problematic because they’re significantly larger than passenger vehicles, and this makes commercial truck accidents with everyday commuter vehicles quite disastrous. Additionally, drivers of commercial trucks operate under a different set of conditions than most drivers of passenger vehicles like lack of sleep, and long driving hours. The combination of these factors raises unique legal issues for victims of an accident involving a commercial truck.
Potential Causes of Truck Accidents
Commercial truckers require special licensing, and they are most times highly adept at performing their job well. However, even skilled drivers sometimes face dangerous conditions. It is not uncommon for drivers of commercial trucks to bear extremely heavy workloads. When commercial trucking companies expect too much from their drivers, the consequences can be catastrophic. Falling asleep at the wheel, or swerving even slightly, can lead to serious injury or even the death of innocent drivers.
Overworked drivers are just one of the potential causes for commercial truck accidents. Sometimes trucks are strapped with an excessive load that creates difficulty for drivers. Other times, commercial truck drivers are inadequately trained to perform their job well. And of course there are instances where drivers of passenger cars are themselves to blame for the accident. Every possible cause for an accident involving a commercial truck should be examined in order to properly assign blame and award damages.
Who is Held Liable in a Trucking Accident?
Besides the driver, there are many other possibilities for who can be at fault, and because of this trucking accidents are usually much more complicated than everyday car collisions. Oftentimes truck drivers do not want to drive when they are tired, sick, or fatigued but their employers give them no other choice. This creates an extremely dangerous driving environment for the truck driver and everyone else on the road. That’s why an investigation is always necessary in these cases to determine whether or not the trucking company was putting company safety over profit.
In addition to the trucking company, there’s also the cargo company to investigate. It must be determined if the crash was caused by improper loading by the cargo company itself, one example being too much weight on one side of the truck causing a turn over. The third possibility is a defective truck. If it’s discovered that the trucking company, driver, and cargo company are not at fault then we can investigate the design of the truck, and whether or not the parts were properly manufactured by the company who built the truck.
As you can see, it is not an easy task to determine who is at fault after a trucking accident. That’s why hiring a dedicated truck accident lawyer is necessary, to figure out the cause and determine the best route to take when pursuing your accident claim. Where a commercial truck driver is to blame for an accident, the driver and passenger alike should be compensated for his or her injuries. Due to the massive size of commercial trucks there are typically serious injuries involved, including traumatic brain injuries, spinal cord injuries, and broken bones, so those involved will have to miss work. Our team will work with you to make sure you’re taken care of during your pain and suffering, which includes making sure you are receiving the medical treatment you require, and that you are being properly compensated during your time away from work.
Compensation When a Truck Driver is to Blame
Determining compensation is difficult and will be based on the medical records and any other bills related to the accident, like having to rent a car for a certain duration, and even the new car you decide to buy. Thankfully the insurance providers of the person who caused the crash will be able to provide most of this money, it is just a matter of proving your case. A court will only award damages, however, if it is convinced that the truck driver’s negligence directly caused the accident. Only then can a plaintiff receive compensation for his or her injuries. Compensation should put the plaintiff as closely as possible to the condition he or she was in prior to the accident.
Call Personal Injury Attorney Jared Everton at (480) 467-4392 to discuss your case today.
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