If a tractor trailer seriously injures a victim, an injury lawsuit often results in a money settlement exceeding $1 million.
Author: Brad Nakase, Attorney
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To prove negligence in a tractor trailer accident injury lawsuit, an individual must prove a duty of care, a violation of that duty, and a causation of injury. Commercial trucking companies have a responsibility to maintain records that could help prove these aspects in court. This would include maintenance records for their vehicles, as well as reports related to drug and alcohol abuse among drivers.
According to federal law, positive drug tests and tests that show a blood alcohol level of 0.02 or greater must be kept for five years. Negative test results only need to be kept for one year. The Federal Motor Carrier Safety Administration, as well as other federal agencies, may have records on the driver, truck, or company involved. An attorney can obtain records during the discovery phase of a lawsuit.
It is important to document as much as possible from the time of the accident. Law enforcement reports are important evidence, and an individual may take their own photos and record their own statement for the purposes of record-keeping.
After a truck accident, the driver of the truck may be blamed. However, many accidents involving trucks create other legal liability options. This would include the maintenance and training involved in the truck, as well as the company that owns and operates it.
The driver’s history should be investigated, in addition to the reason for the driver being on the road at the time. Other factors include highway infrastructure, which may make it possible to assign liability to government entities.
Generally, to file a successful lawsuit against a trucking company, an individual will need to prove that the truck driver was working under the control of their employer when the accident happened. If the driver is an independent contractor, then the victim’s lawyer should look into the details of the contract and the duties being performed at the time of the crash.
If an individual is involved in a truck accident, he or she may be entitled to a number of damages, which include the following:
The specific amount of a settlement or award depends on the nature of an individual’s injuries, prognosis, and the facts of the case.
It is possible that there will be multiple defendants and various liability claims in a truck accident lawsuit, which means it is even more important to look at the truck driver and their employer. Many trucks are commercial vehicles that are supposed to follow federal regulations. It is therefore useful to look at their records.
These regulations, with the help of technological advancements, have resulted in detailed data and recordings, including dash cameras and black boxes.
As a California trucking accident lawyer, drivers’ fatigue is the largest factor in tractor trailer lawsuits. Driver’s fatigue is often caused by a driver driving on with their shifts beyond legal time limits. According to federal regulations, commercial truck drivers are allowed to drive up to eleven hours after ten hours of not driving. Passenger-carrying drivers are only supposed to drive 10 hours after eight hours of rest.
Another factor in accidents are road hazards and equipment or other property attached to the truck. In 2019, three-quarters of fatal crashes involving trucks also involved a vehicle being transported. Single tractor trailers made up 55% of the fatal crashes, while doubles accounted for two percent.
Figuring out the cause of a truck accident is a critical part of establishing legitimate legal grounds for a lawsuit. Police may use on-site toxicology tests to assign criminal penalties. However, other causes, such as drowsiness, may show negligence and be grounds for a civil lawsuit.
Because of just how large semi-trucks are, accidents in which a big rig is involved are naturally much more likely to cause serious injuries and damage to vehicles. In 2019, around 510,000 crashes involving large trucks were reported to police across the country. Of these accidents, about 4,500 ended in fatalities and 114,000 ended in injuries. In over 80% of these cases, the deaths were not occupants of the truck, but of the passenger vehicle.
The average car weighs between 3,200 and 6,000 pounds, while trucks tend to weigh between 33,000 and 80,000 pounds. Large trucks are also taller and higher off the ground than cars. This can lead to cars sliding under commercial trucks during accidents, which is especially dangerous to passengers.
A survey of truck drivers in the United States revealed that one-third of truck drivers had been involved in a serious crash sometime during their driving career.
Because truck accident cases tend to be complex, it is important to find a lawyer who is experienced in personal injury law. It is also a good idea to have a lawyer who is knowledgeable about insurance law and multi-defendant cases. Some lawyers specialize in car accidents but may not have experience in truck accidents. Others may not be willing to devote the time needed to conduct discovery and a thorough investigation. This is why it is important to conduct research regarding lawyers in the local area and to look for the right fit. Multi-lawyer firms may be a good idea, but there is nothing wrong with choosing an experienced solo practitioner.
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