Determining Fault in Truck Accidents
Discovering who is at fault for your truck accident is never as simple as it seems. Ehline Law Firm is a trucking liability claims specialist. So our seasoned staff understands the significance of acting quickly. And this is to pounce on the defendants and pin down liability.
Furthermore, it must get done before their lawyers frame an argument that someone else did it. Call now to learn your rights and duties, or read on. But we promptly want to assist you now at (213) 596-9642.
Table of Contents:
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, there are thousands of people 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 the 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.
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, it is the passenger vehicle driver who is at fault. The insurance companies will investigate what caused the wreck. So it and can find if the passenger car unexpectedly changed lanes.
Sometimes they will say the driver of the vehicle was driving under the influence or was 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 there are unsafe practices that 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. When a semi’s brakes were a contributing factor, the company will blame manufacturers. 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 their maintenance records show a lapse. But liability can also attach if there is a lack of a proper maintenance schedule. 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 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 the sheer size, speed, and weight of their rigs 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, often these drivers still attempt to carry out their job.
Although they made money, it leads to complications that include 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 involves 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, with the growth of more material to get transported, accidents may increase. 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 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 in a way to ensure people got the proper time to relax.
The operator is required to keep logs of their rest time and 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 legal examiners. Their job is to make sure the employees follow the regulations, and that these laws are not getting ignored.
Also, NHTSA examiners forewarn 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 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. The other reasons trailer accidents occur include driver fatigue, driver 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.
Experienced lawyers understand what evidence is important. 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 company will use its experts. So these paid for "hired guns" can make the collision case complex and expensive. Now the plaintiff will have to buy their experts.
Michael P. Ehline, Esq. can use experts that have access to the newest technology. 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. If you need any assistance or have any concerns, please call (213) 596-9642. Or visit our webpage right now.