Accidents that involve commercial trucks can result in serious injuries and have long-term consequences on victims and their families. If you or a loved one has been injured by a commercial truck and you feel like the truck driver or trucking company is liable, there’s a lot to learn on the laws that cover truck accidents.
Did the truck driver disregard state or federal laws?
There are certain state and federal regulations that determine how truck drivers should conduct their work. If it is found that the driver did not follow any of these regulations that apply to their work, they could be held liable for any injuries sustained. For instance, commercial truck drivers are required to have proper licensing, any violations could impact on your case. Other laws such as how long the truck driver is required to work and then take a break can also impact on your case.
The most common regulation which commercial truck drivers must follow is the maximum weight limit. The maximum weight is given by law depending on the size of the truck. If the driver is found to have overloaded the truck, it is considered a dangerous situation that also impacts on the case. Truck drivers are also required to follow regulations on transportation of hazardous materials. If these guidelines aren’t followed and you get injured, your claim against the driver or trucking company shipping the hazardous material can turn out to be a success.
Was the accident caused by a defect in the truck?
You can file a claim against the trucking company, manufacturer or even repairer of the truck if it is found to have a defective component which contributed to the accident. For instance, if the air brake systems were defective, you can file a product liability claim against the manufacturer. You will need to work with a reliable personal injury lawyer to provide sufficient evidence for a product liability claim.
Proving liability in truck accident cases
To pursue a claim successfully, you will need to prove that the truck driver, trucking company or any other party involved, was responsible for your injuries. The trucking company can be found liable if their employees acted negligently in the regular course of business in what is commonly referred to as vicarious liability.
There are different ways to prove liability in truck accident cases. You can show that the driver or trucking company did not follow all the state and federal regulations to operate their business. The other option could be to show that the trucking company hired the wrong driver with a history of drunk driving or who failed to take rest periods as required by law. Your lawyers can work with you to evaluate the legal theories that apply to your unique situation and help you uncover the options.
Truck accidents can be extremely complicated and you must work with an experienced personal injury attorney to file a successful lawsuit. Remember that there are time limits to filing a lawsuit, therefore, get in touch with a lawyer immediately.