Who’s Responsible When Someone Is Hurt in a Truck Accident?
After an accident, holding a trucking company responsible when a driver falls asleep at the wheel is essential. This type of collision is common, and because a large vehicle is involved, it can cause catastrophic injuries. Recovering compensation after being hurt by a careless truck driver is best handled by an attorney who has worked for years holding commercial carriers accountable for the actions of their drivers.
At Autoaccident.com, our job is to defend the rights of injured clients harmed by a trucking company’s negligence. A truck accident attorney does this by gathering evidence to support their client’s claim, calculating their damages and negotiating with the at-fault party’s insurance company or taking the case to court. Trucking companies are legally and morally responsible for ensuring their drivers maintain safety standards. Any injuries or fatalities resulting from their failure can be held liable in a court of law.
Holding a Trucking Company Responsible When a Driver Falls Asleep at the Wheel
The injured party’s lawyer must prove that the trucker or their company acted negligently, which was the direct cause of the accident. It is also necessary for the plaintiff to prove the defendant’s negligence by holding the trucking company responsible when the driver falls asleep at the wheel. Furthermore, the lawyer must demonstrate that their client’s injury caused them to incur medical bills and loss of income.
Liability of Trucking Companies for the Actions of Their Drivers
Trucking companies are responsible for hiring qualified drivers, which helps protect not only their employees but others sharing the roadway. State and federal laws must be followed such as hours of service in addition to industry regulations. If not, the company that employs the driver. as well as the trucker themself, may find themselves liable for accident injuries.
Why Is Truck Driver Fatigue So Common?
Truck driver fatigue is a common cause of a big rig accident. Truckers not only drive for long hours but sometimes take over-the-counter or other drugs to stay awake on the road. If nodding off at the wheel leads to an injury accident, the driver and/or trucking company may be liable for the injured person’s damages and additional compensation.
All too often the trucking company pushes the trucker to deliver their load sooner than safety would allow. They do this to increase profits without care for the well being of the trucker and others on the road. This type of greed can be a considerable part of the case against the trucking company and the trucker.
Conducting an Investigation Into Holding a Trucking Company Responsible When a Driver Falls Asleep at the Wheel
In cases involving driver fatigue or other types of trucking accidents, an experienced attorney can investigate the case and determine if the driver or any other party is responsible. Reviewing the police report is a helpful first step in investigating a truck accident. The police report can provide insight into how the crash occurred, which driver was at fault and other important details. Other areas of investigation often include:
- Checking the trucking company’s safety records and practices
- Examining the trucker’s log book or ELD for driving hour violations
- Taking witness statements
- Examining the accident for signs of driver negligence such as speeding, distracted driving, drug use, and others
- Photographing the accident scene
- Reviewing the truck’s maintenance records for signs of neglect
- Looking for traffic surveillance footage of the driver fatigue accident
An injury attorney uses the gathered evidence to build a strong case for compensation and damages for their client.
Negotiations With the Insurers
Lawyers handling personal injury claims such as those at AutoAccident.com understand that insurance and trucking companies seek to minimize their losses and will often try to deny or reduce the value of a client’s claim. It is not uncommon for trucking companies to retain attorneys familiar with such complicated matters to defend their interests. When it comes to ensuring that an injured party’s rights are fully protected, a trucking attorney’s knowledge of industry regulations is invaluable. We do all that and more. In other words, we treat your family like it’s our own.
The following qualities should be in a lawyer, according to Ed Smith, a trucking accident attorney:
Additional Resource
Stockton Truck Accident Lawyer
I am Ed Smith. I’m a Stockton truck accident attorney. It is common for people in smaller vehicles to suffer severe injuries in truck accidents. Get free and friendly advice from our accident attorneys if you have been injured by a negligent truck driver at (916) 921-6400 or (800) 404-5400 to determine if you can recover compensation. We are also available online.
The following associations demonstrate how hard our injury lawyers work to ensure fair compensation for our clients:
Our experience handling truck accident claims as well as client reviews is as follows:
Photo attribution: https://www.youtube.com/watch?v=DLQ8I1W1gR8&t=10s; Image by falco from Pixabay
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