Category: Accident Causes

Causes of Truck Accidents

Causes of Truck Accidents

Truck accidents stem from a variety of different causes. In general, however, most accidents are caused by the negligence of trucking companies and truck drivers. If you have been injured in a truck accident caused by the negligence of another, call the experienced truck accident attorneys at Our Law Firm today. We can evaluate your case and begin fighting to get you full compensation for your injuries.

Driver Conduct
A truck driver may be liable for negligence if he or she fails to act in a reasonable manner to prevent the risk of foreseeable harm to other motorists. Truck drivers have a legal responsibility to observe a minimum standard of care when loading, inspecting, and operating a commercial vehicle. Drivers who fail to exercise this care may be liable for negligence. A driver is also obligated to use extreme caution when operating large trucks because of the inherent hazards involved in commercial vehicle operation. In addition, driver fatigue or criminal behavior may give rise to liability for a truck accident.

Trucking Company Negligence
A trucking company may be deemed negligent in causing a truck accident if it fails to maintain its fleet in reasonable condition or fails to ensure the qualifications of its drivers as a means of preventing a foreseeable risk to other motorists. It is the responsibility of the trucking company to make sure that the drivers it hires are properly certified and have demonstrated both competence and ability to operate large trucks. These companies are also required to meet the minimum standards for maintaining commercial vehicles set forth in the Code of Federal Regulations (CFR). Failure to adequately meet these standards may give rise to a negligence claim if it results in a truck accident.

Other Causes
Inclement weather and road construction can create hazardous road conditions. For this reason, drivers are expected to reduce speed under certain weather and road conditions. Some accidents, however, are caused by road hazards, such as poorly designed or maintained roads or insufficient signage, that are unforeseeable to a truck driver. In these cases, a government agency or its contractors or subcontractors may be liable for negligence.
Some accidents may be the result of debris that has fallen off a truck and onto the roadway. If debris from a third-party source causes the driver of the truck to lose control of the vehicle and collide with your vehicle, you may have a viable claim against the third party.

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Negligence in Truck Accident Cases

Negligence in Truck Accident Cases

The vast majority of personal injury cases stemming from truck accidents are litigated under the legal theory of negligence. Negligence is defined as a the failure to exercise reasonable care in order to avoid a foreseeable harm to another person. If negligence results in financial, emotional, or physical injury to someone who is owed a duty of care, then the negligence gives rise to liability for damages. In truck accident cases, the trucking company, truck driver, or another party may be liable for negligence, and thereby accountable for any injuries sustained as a result of that negligence. In order to prove negligence, the experienced truck accident attorneys at Our Law Firm must undertake an exhaustive review of all factors involved in your accident.

To demonstrate to the judge or jury that a truck driver, trucking company, or other party was negligent in causing your truck accident, the following must be proven:

That the defendant owed you a duty of care. This is generally proven with little difficulty, as all vehicle operators owe a duty of care to the other drivers on the road.

That the defendant breached that duty of care by failing to prevent a foreseeable risk of injury.

That the defendant’s breach of duty caused your injuries.

That you have suffered monetary damages as a result of the defendant’s negligence.

Did you know that if you were in any degree at fault for contributing to the cause of your truck accident, you may be barred from recovering for your injuries? This is because law follows the doctrine of contributory negligence, which bars any recovery by the person bringing the lawsuit if he or she was in any way responsible for the accident. Thus, if the judge or jury in your truck accident case determines that you were even 1% at fault for causing your own injuries, you will be prohibited from recovering damages in your case.

If you were injured as a result of the negligence of a truck driver, trucking company, or other party, it is important to contact an experienced truck accident attorney.

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