It may seem obvious that the increase in commercial trucks over the past 2 decades has also led to an increase in accidents between big rigs and commuter automobiles. Though large commercial trucks are only responsible for about 3 percent of motor vehicle accidents, the resulting injuries are generally more serious due to the massive weight and large size of the majority of 18-wheeler trucks.
An accident involving a big rig truck is typically more complicated than with a more common traffic accident. Both the driver and owner of the truck will most likely be named in any subsequent case. You will need some knowledge of the common reasons for trucking accidents, including the truck and trailer itself as well as load size. A attorney experienced in these types of cases can help determine the validity of your claim and presentation of your case.
The commercial trucking industry is controlled by federal regulations that establish a set of standards and can determine the responsible party in a given trucking accident. Title 49 of the Code of Federal Regulations contains most applicable regulations. Fortunately, by working with a firm like the Duque Law Group you can put years of expertise in your corner to understand your rights under the law.
There are a variety of potential responsible parties in any truck accident. These include: the driver, the owner, whoever leased the truck from the owner, the manufacturer of the vehicle or any parts, shippers and loaders, etc.
Trucking companies have worked hard to evade responsibility for accidents by distancing themselves from the drivers, vehicles and other equipment. While they acquire the necessary permits to operate the vehicles, they often do not own the equipment used to haul the load. Rather, they hire drivers as independent contractors, not employees. These practices enable them to shift the responsibility over to the people who owned the truck and who were driving them.
However, federal regulations have fortunately made it so that any company who owns a trucking permit is liable for any accident that involves a truck with its name or placard on the vehicle.
Accident victims in past yearshad to rely on witness statements and police reports to understand the specifics of an accident. Now, data from high tech devices and information from government agencies are also available for greater understanding.
The most common causes of large truck accidents are driver error, mechanical failures, road design, weather conditions, and traffic signal failures.
Driver error is by far the most common cause of trucking accidents; according to FMCSA, 88% of trucking accidents are caused by a driver’s action or failure to take action. The most frequent way that this happens is through driver fatigue and sleep deprivation.
The second most common cause of truck-related accidents is equipment and mechanical issues. These factors include design errors in the vehicles, manufacturing mistakes, or any other issue that interferes with the truck running smoothly. The majority of mechanical causes of these accidents are a result of a failure to maintain the equipment properly. These may include any of the following: depowering or removing of the front brakes causing the truck to jackknife, failure of the brakes as a result of inadequate adjustments, blowouts of the tires due to wear and tear, truck rollover caused by improper securing of the load distribution, defective steering, transmission failure, incorrect trailer attachment, defective lighting on the rears or sides of vehicles, and many more.
Truck accidents can be quite complicated since there are so many individuals involved. It can be overwhelming to navigate through the events and responsible parties without the help of a knowledgeable and skilled trucking law lawyer. If you have been injured in a truck accident in the state of California, the Duque Law Group has the expertise and experience to be able to help you figure out who exactly is responsible so that you can proceed with a strong case and get the reparations that you deserve for your suffering. You will want a personal injury attorney to help you in your case after a truck accident, and the Duque Law Group is here to help you.
Contact our Riverside County Personal Injury Attorneys at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
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