Each year in the United States, there are nearly half a million accidents involving large trucks. Nearly 5,000 of these accidents are fatal. Most fatalities are passengers of the vehicles that they strike. Some common causes of truck accidents include:
In many instances, an accident can be caused by a defect with the tractor-trailer. An example of this is where the truck was constructed using inferior materials, resulting in a highway accident.
The Federal Motor Carrier Safety Regulations (FMCSR) code is a useful means to establish liability in tractor-trailer cases and to show that the driver's negligent conduct led to the accident. Important aspects of this code provide that:
In tractor-trailer cases, it is paramount that evidence is collected as soon as possible to avoid the possibility of it being destroyed or lost. Some useful guidelines include:
These should be done as soon as possible after the accident, while the events are still fresh in the person’s memory. In some cases, accident reconstruction techniques may be used during trial in order to help determine the exact causes of the accident.
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Tractor trailer accidents can sometimes lead to a lawsuit or legal claim. These typically result in a monetary damages award to compensate the injured person for their losses.
Calculation of the damages will depend on various factors, such as: the degree of injury, whether there is serious property damage, and whether the tractor trailer driver was acting negligently or even recklessly.
Costs may also include such items as hospital and insurance-related costs as well. In some cases, other legal issues can be involved such as vicarious liability (liability of the shipping or trucking company).
If you or a loved one has been injured in a tractor-trailer accident, you may want to contact a personal injury attorney. A local personal injury attorney can help you understand how the law affects your case and can represent you in court during important hearings.
Last Modified: 07-04-2018 12:00 AM PDTLaw Library Disclaimer
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