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Common Causes of Trucking Accidents

Posted by Freeman & Freeman | Sep 30, 2023 | 0 Comments

On a daily basis, motor vehicle accidents of some sort are occurring. Whether these accidents are between two common cars on the road, a car and a pedestrian or even a large big-rig truck; victims are incurring severe if not fatal injuries as a result. Trucking accidents can be among some of the more dangerous collisions because of the weight of the truck itself. These large vehicles can often weigh multiple times the amount of an average vehicle, making the likelihood of not being injured significantly smaller. In the event that you have been involved in a trucking accident and were injured, or a loved one was killed from the impact; do not hesitate in contacting a Santa Rosa personal injury attorney atThe Law Offices of Freeman and Freeman immediately.

In the event of a trucking accident, there are often many more players involved than just an average car collision. In most cases, not just the driver of the truck will be held responsible; but rather it will go down the chain and point back to their employers, the owner of the truck, the manufactures, etc. Due to the complexity that is often involved in a trucking accident, you want to make sure that you contact a legal professional with specific experience in this area. Having a thorough understanding of the trucking industry is required along with the legal knowledge that is needed to fight for your claim in order to prove driver negligence. An attorney will need to take into consideration the company, the truck itself, the cargo that was involved along with the different rules and regulations in order to prove the case and ultimately seek the compensation you deserve after your injury. You can learn more about the specific trucking laws and regulations by reading the Code of Federal Regulations, Title 49.

When determining who is liable for the accident, and therefore responsible for your injures; you will need to take into account the many parties that are involved with the specific incident. Depending on the accident and the type of truck, you may have either one person responsible for the collision, or many. For example, the driver alone may be the one responsible for the accident. The truck driver would be considered liable if they are under the influence of drugs or alcohol while behind the wheel. While most states consider a driver as “under the influence” when their blood alcohol concentration (BAC) level is 0.08% or higher, when a Class D driver is behind the wheel, anything above 0.04% is considered to be DUI as stated by theCommercial Driver's License Program (CDL).

Another common driver cause of trucking accidents is if they are texting, or otherwise distracted, while behind the wheel. Texting and driver distractions are the cause of an estimated 18% of all car accident fatalities, and when a truck driver is distracted often the results can me all the more disastrous. Other causes of driver errors can include fatigue, however in some cases this will ultimately point back to eh employers who are likely making their workers driver for longer hours than is considered legal in order to save heir company money and time. In the even that you are involved in a trucking accident, with the help of your attorney you will seek to learn about how long the driver was behind the wheel and if he was in violation of thefederal hours of service regulations. Driver fatigue, especially for cross country truckers, is extremely common and can be a possible cause of your accident and injuries. Depending on the specific situation, you may be able to hold not only the driver accountable for the incident, but also his employer as you seek compensation for the damages.

While there are a plethora of causes when it comes to motor vehicle and trucking accident, another common cause can be the truck itself; in many cases brake and tire failures. When this is the case there are often many parties who will be held responsible for an accident caused because of this. For example, it is the owner's responsibility to conduct regular checks on the vehicles to make sure they are in proper working condition before sending a driver on a job. It is also the responsibly of the auto technicians to makes sure they address every issue when repairing these large vehicles. In some cases the cargo in the trailer may be overweight therefore causing the brakes to not have the ability to stop. The list goes on and on. Whatever the cause of your accident may have been, if you believe that you were wrongfully injured because of the negligence of the truck driver or another party, contact The Law Offices of Freeman & Freeman today for the legal representation you deserve!

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