Discovering who is at fault for your car accident, truck accident, or slip and fall is never as simple as it seems. Ehline Law Firm is a trucking liability claims specialist. Insurance companies determine fault, almost always in their favor, in almost every car accident claim if you don’t hire an aggressive personal injury attorney. So our seasoned staff understands the significance of acting quickly. And this is to pounce on the defendants and pin down liability.
Lawyers Help Insurance Companies Determine Fault
When a truck accident occurs, determining who is at fault can be a complex process, even for a well-trained car accident attorney. In legal terms, fault refers to the party responsible for causing the accident and the resulting damages. To determine fault, lawyers and insurance adjusters will investigate the circumstances of the accident and review evidence such as police reports, witness statements, and physical evidence from the scene.
Car Accident Claim Example
There are several factors the commercial truck insurance company will look at that can contribute to a truck accident, including driver error, mechanical failure, and environmental conditions. Driver error is one of the most common causes of truck accidents, including speeding, distracted driving, or driving under the influence of drugs or alcohol. Mechanical failure can also lead to accidents, such as brake failure or tire blowouts. Environmental conditions, such as poor road conditions or inclement weather, can also be a contributing factor.
In some cases, multiple parties may be at fault for an accident. For example, the truck driver may have been driving under the influence, but the trucking company may also be at fault for failing to train or supervise the driver properly. Additionally, manufacturers of the truck or its components may be liable for defects that contributed to the accident.
Ultimately, the determination of fault will depend on the specific circumstances of the accident. Working with an experienced truck accident attorney who can help investigate the accident and build a strong case on your behalf is important.
Furthermore, it must be done before their lawyers argue that someone else did it. Call now to learn your rights and duties from a top-rated Los Angeles personal injury attorney, or read on. But we promptly want to assist you now at (213) 596-9642.
Who is at Fault?
When a truck hits another motor vehicle, there will be significant damage. Usually, there will be serious personal injuries or fatalities. Annually in the United States, thousands of people are killed in collisions. But more people get injured on the roads while traveling. Many of these events were avoidable.
Proving fault can be difficult. So this is why the attorney will investigate the cause of the incident. Most of all, this gets done to win the case for the injured victim. The same rules apply for a family that has lost a loved one. Trucking companies will fight to keep from becoming found at fault. They will also shield their driver. Also, they go to considerable expense in doing this.
Do Not Let The Trucking Company Trick You!
The trucking company will use tactics that include blaming the other driver. They always seem to blame the passenger vehicle. Hence, it is vitally important to consult an adviser immediately. Waiting can make your version less credible. Also, evidence can deteriorate or disappear. Still worse, there may be laws that are in the truck company’s favor.
There are numerous causes of semi-collisions. But in some cases, the passenger vehicle driver is at fault. The insurance companies will investigate what caused the wreck. So it can find if the passenger car unexpectedly changed lanes.
Sometimes they will say the vehicle driver was driving under the influence or speeding. They will also investigate if the driver was in a blind spot of the semi-driver. Usually, they try and say the passenger car operator or motorcyclist was driving recklessly.
Reasons such as these could place the fault on the passenger car driver. And this is can what the truck company would like. But unsafe practices lead to tragic incidents on the part of the big rig operator or company. Sometimes, it can be company negligence.
Other times, it could be due to manufacturing negligence. The company would blame the manufacturers when a semi’s brakes were a contributing factor. But this is if they believe the brakes or brake parts were defective.
This defect can be due to a design flaw or an error that occurred during manufacturing. Hence, the company can get held liable if its maintenance records show a lapse. But liability can also attach if a proper maintenance schedule is lacking. Often, the suspected defect had a recall issued by the federal government. The sad part is those warnings get ignored by the company.
Dangerous Driving & Truck Driver Fatigue
Sleepy and tired vehicle operators make up a tremendous and unbelievable statistic. Yet, they remain a significant total number of yearly fatal crashes on California highways. Also, on freeways and roads annually, we see a lot of big rigs causing major drama to commuters.
Unfortunately, differing factors, from work to other responsibilities and appointments, cause trouble. Bosses may compel drivers to drive after long work or not get enough sleep.
But this is also the case with on-the-road truckers. These truck drivers historically have a relatively low rate of accidents and fatalities. But their rigs’ sheer size, speed, and weight may cause catastrophic injuries.
Often these drivers are under pressure to travel a certain number of miles per day. More often than not, they need to get products to the market by deadlines. Also, these effects get compounded by illness on the road. But when faced with severe sickness, these drivers often attempt to do their job.
Although they made money, it led to complications that included crashes. Ehline Law Firm details are below. We also cover what the rights are of those suffering from a tragedy involving a tired trucker.
Be Careful Because You Don’t Know Who is Fatigued.
This document discusses driver fatigue. We also cover its association with large trucks and shocking roadway incidents. There were 450,000 vehicle accidents in 2003—these involved commercial trucks. Also, a partial share of these fatal events involved driver fatigue.
Furthermore, thousands of people are fatally injured in semi-accidents every year. The average figure is one out of nine traffic deaths involving a big rig. Also, there have been multiple high-profile cases of truck crashes. These events have taken place on the road across the country. Hence, accidents may increase with the growth of more material to get transported. Furthermore, a larger population means more potential victims.
With accidents and resulting injuries, it’s important to remember you are not alone. If you or a family member has gotten injured due to a truck driver or their employer, you may seek damages.
Having a negligence attorney helps a lot. But he must have experience in both personal injury and semi-truck accidents. This expert assists in piecing your life back together. Your lawyer will also challenge the responsible parties.
The FMCSA has Regulations.
The Federal Motor Carrier Safety Administration (learn more) (FMCSA) has enacted laws to regulate the hours of rest operators must have. They are required to take sleep breaks to avoid tiredness. Also, these rules are governed to ensure people get the proper time to relax.
The operator is required to keep logs of their rest time within 24 hours. After that, they become permitted to drive for 11 consecutive hours. The FMCSA regulations state the individual must rest for 10 hours.
So the most that employees are legally permitted to operate a motor in one day according to the regulations is 14 hours. But they may have no more than 11 consecutive hours at one time.
The hours the operator relaxed must get kept by him or her in a log. Also, it gets reviewed by the National Highway Transportation Safety Administration’s legal examiners. Their job is to make sure the employees follow the regulations and that these laws are not getting ignored.
Also, NHTSA examiners forewarned drivers about the dangers of vehicle operations, several factors over the legal limits allowed by the FMCSA. Many of them get paid by the hour. So rather than being on salary, they need more hours. After all, the more they commute, the more money they make.
They are also under pressure from the company to deliver loads to destinations in a tight time frame. This pressure to get the load delivered on time and their wages per mile affect their judgment. So the daily traveler may ignore the regulations and safety rules.
Truckers Sleeping is Important
Sleep deprivation is one of the factors in a large number of undesirable events. There also might be short and long-term health effects for the individual. Sleep deprivation affects alertness, impairs cognitive abilities, and impairs memory.
And if drivers aren’t relaxed to avoid exhaustion, they have difficulty concentrating. So with the size and weight of the truck, potential dangers arise. People always get killed or hurt on the roadway. The human being that suffers from a lack of proper downtime may have lapses in memory. Also, they lose the capability of problem-solving.
With fatigue, this degrades. Furthermore, truckers could be less tolerant of stress and moody. These may be dangerous combinations in stressful situations while driving. These are the reasons why automobilists should avoid driving when fatigued. Also, when the regulations get ignored, there are legal implications.
If you got injured or suffered the loss of a loved one, it is essential to consult an experienced attorney. So this expert protects your rights. Also, the attorney will fight to recover the compensation you deserve for accidents involving dangerous driving & truck driver fatigue. Just make sure to investigate the truck collision. Look at the driver’s logs too. In fact, that log could show resting habits and ensure the driver did not ignore the regulations for hours of service. Look at the related content below to see if we can answer any more questions.
A Traffic Violation Could Have Caused the Crash?
Yes, it could. Trailer accidents also occur in driver fatigue, inexperience, or driving under the influence. But it can be due to improper maintenance or mechanical failure. Other causes of 18-wheeler tragedies are traffic violations. These include unsecured loads or overloading of the trailer, leading to motor vehicle accidents like jackknifes.
Experienced lawyers understand a car accident in California and know what evidence is important to prove fault under personal injury law. So they have the resources to investigate the scene thoroughly. Also, they will review the driver’s log books for travel hours and rest times. Furthermore, they can review the maintenance records. Last, the use of experts can be crucial. Because of this, the insurance company will use its experts. So these paid-for “hired guns” can make the simplest car accidents complex and expensive.
Now the plaintiff’s car accident lawyer will have to buy their experts to counter the insurance company and its mercenaries. The goal is pinning down fault for your severe injuries by demonstrating the truck company, driver, or manufacturer fell below the standard of care in car accident cases.
Our Best Car Accident Attorney Can Help Determine Fault for Your Truck Wreck
Michael P. Ehline, Esq. can use experts that have access to the newest car accident technology to prove your personal injury claim. Also, this can help in the reconstruction of the case. So this helps in determining who was at fault. The firm specializes in knowing the federal laws, rules, and regulations governing commercial vehicles and car accident prevention. If you need assistance or have concerns over an auto accident, airplane crash, or another case, please call our top-notch personal injury lawyers at (213) 596-9642.
Or visit our webpage right now before you make the mistake of speaking with the insurance company. Our car accident lawyers are available 24/7 to discuss commercial truck accidents and obtain the maximum compensation under California law to make you whole again.