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Common Causes of Truck Accidents
Because commercial trucks are so much larger than other vehicles on the road, an accident involving a large truck and a vehicle can result in serious injuries or even death. Causes of truck accidents consist of driver error, weather conditions, and mechanical malfunction, such as brake failure or a defective tire. Driver error is the most common cause of a truck accident. Reasons for driver error include the use of prescription and over-the-counter drugs, speeding, and driver fatigue.
Who is Responsible for a Truck Accident?
While truck drivers do sometimes sustain injuries when a truck and a vehicle collide, the people most susceptible to injury are the occupants of a vehicle. When a truck accident is the result of the truck driver's negligence or a defective truck part, the plaintiff may seek to recover compensation from the following potential defendants:
• The truck driver;
• The owner of the truck;
• The owner of the trailer;
• The lessee of the truck or trailer;
• The manufacturer of the defective truck or defective
truck part; and
• The company responsible for loading the truck
On behalf of a person injured, a truck accident attorney can file a personal injury lawsuit against the person or company responsible.
Bringing a Truck Accident Lawsuit
Some truck accidents are a consequence of a truck driver's carelessness. When a person's carelessness results in injury, the law refers to this as negligence. Every person must take precautions to act with reasonable care. For example, a truck accident that is caused by a truck driver's failure to obey the speed limit will help to establish that the driver failed to act as a reasonable and prudent person would have in the same circumstances. This is because all drivers must use reasonable care for others on the road. This, therefore, is a breach of a general duty of care that people owe to each other. A truck driver's breach of duty may create liability for the employer. According to the doctrine of “respondeat superior,” an employer is liable for the actions of an employee when the acts occur within the scope of employment.
Sometimes a truck accident is caused by a defective part on a truck. A truck accident may occur because of a faulty brake system, a defective tire, or a transmission failure. When this occurs, an injured person may sue the product's manufacturer under the theory of products liability if the product was defective because of a faulty design or a manufacturing defect. Products liability allows a person that is injured by a defective product to receive compensation for their injuries.
When to Contact a Truck Accident Attorney
It is beneficial to consult with a truck accident attorney to determine whether a legal claim exists. A truck accident attorney can determine who is at fault for the truck accident. Modern technology has made it much easier to make this determination. For instance, some trucking companies store information about a drivers conduct in electronic data recorders. If this evidence is maintained, this will help a truck accident lawyer establish such factors as the truck's speed, when the brakes were used, and the amount of time that the truck driver had been on the road.
If you would like to learn about whether you have a truck accident case or if you have questions regarding your legal rights, please contact us.
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