Common Causes & Liability for Trucking Accidents
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If you or your loved one has been injured in a truck accident, establishing who was responsible for the crash will be more challenging compared to a simple auto crash. With trucking accidents, there are multiple parties involved, from the truck owner to the driver. This means that finding information on what actually caused the accident will need some industry expertise. An understanding of the common causes of truck accidents and the relationship among the various parties help Newport Beach truck accident attorneys determine whether your case has a valid claim and how to approach it.
Causes of Trucking Accidents
Some of the errors that cause trucking accidents are:
- Distracted driving
- Impaired driving
- Poor judgment
- Disregarding traffic rules
- lack of truck driving experience
It does not take rocket science to understand that the faster one drives, the longer the time and distance required to stop the vehicle. This fact becomes very critical when it comes to vehicles as long as 80 feet and weighing over 80,000 pounds. The longer it takes to stop the 18-wheeler, the greater the risk. The slightest distraction could lead to a deadly accident.
Passenger Car Errors
Truck drivers are not always responsible for trucking accidents. The driver of the smaller passenger car could contribute to the accident in the following ways:
- Driving under the influence of toxic substances
- Using the truck driver’s blindspot
- Using the phone while driving
- Following the truck too closely
- Doing illegal maneuvers
- Cutting off the truck
Cargo or Loading Errors
There is no disputing the fact that accidents are unplanned and unintentional. There is no way of predicting them, but we can prevent them from happening by taking precautions. The logistics of transporting tons of cargo can be a little bit complex, and therefore, they need to be precise.
Poor loading practices such as using unsecured crates, boxes, or barrels could cause an abrupt shift of cargo weight. When the shift in weight is sufficient, it will cause the truck driver to lose control leading to an accident.
Commercial trucking firms are required to regularly inspect, maintain, and repair their trucks by federal regulations. The companies should also keep files of each vehicle’s inspection reports for the last 30 days.
The trucking company will be found responsible for causing the accident if they:
- Failed to train their drivers properly
- Have imposed unrealistic deadlines on their drivers
- Failed to inspect and maintain the trucks
- Allows their drivers to violate the stipulated hours of service threshold
- Failed to carry out thorough vetting on new hires
With the help of an personal injury attorney Newport Beach, you can prove that the trucking company was responsible for causing the accident that led to the loss of a loved one or personal injuries.
Statistics on Trucking Accidents
The number of trucking accidents has increased by about 20% over the past two decades. There were 4,136 reported trucking accident fatalities in 2018 alone. Although trucking accidents just account for 3% of the total road accidents, the consequences are more severe due to the heavy weight and large size of the trucks.
Federal Laws Governing Trucking Accidents
There are several federal regulations and laws governing the trucking industry. They establish specific standards that truck owners, drivers, and companies must meet. Trucking laws also help with determining the parties responsible for an accident.
Most of the regulations governing the trucking industry are found in Title 49 of the Code of Federal Regulations.
Agencies regulating the trucking industry in the United States include the Federal Motor Carrier Safety Administration (FMCSA) and the U.S Department of Transportation (DOT). Each state has its DOT, which sets trucking regulations to be following within the state’s jurisdiction.
In case you need legal help for a truck accident, contact an injury attorney Newport Beach.
Establishing Who’s Responsible for the Accident
There are many players in the trucking industry, and any of them could be the responsible party. These parties include:
- The driver
- The trucking companies
- The Owner of the truck
- The truck’s manufacturer and manufacturers dealing in the various parts used to assemble the truck
- The loaders and shippers of the truck’s cargo
The hauling, leasing, and trucking companies often disagree on whose insurance should be used to compensate the accident’s victims. For instance, the trucking company may claim that the crash was caused by faulty brakes. The brake manufacturer might then claim that the brakes defect was a result of the leasing company’s failure to conduct proper maintenance.
During such complex circumstances, you will need legal help for a truck accident offered by our Newport Beach truck Accident attorneys.
Contact A Personal Injury Law Firm
If you or your loved one has been injured in a truck accident and you want to claim compensation for the losses and injuries sustained, you will need the help of truck injury lawyers Newport Beach.
The initial step is investigating the accident to find out who was responsible. If another party, who is not you, was responsible for the accident, you can claim compensation for medical expenses, pain and suffering, lost income, and any other incurred loss.
Although it might take no time to negotiate with the negligent trucker, navigating through the complex legal systems will necessitate more time. The Accident Lawyers Firm is tenacious. We offer the best legal counsel and fight for our client’s rights.
Contact trucking accident injury lawyers Newport Beach at our firm for the help you require as you recover from the accident’s impact physically and mentally. Our trucking accident lawyers are professionally trained and know where to find information and evidence needed to prove the negligence of the responsible party.
The Accident Lawyers Firm represents people who have been injured in trucking accidents in Newport Beach. Our comprehensive understanding and experience in the legal issues in trucking accident cases allow us to take proactive approaches to the cases.
We are conversant with the various types of truck accident injuries and know exactly how to seek maximum compensation based on the type of injury you sustained. We can’t guarantee the results, but we do promise to give your case our best expertise.
We consider it a privilege helping you go through the challenging moment you are in. Call Accident Lawyers Firm today to speak with one of our tractor trailer injury lawyers in Newport Beach.