Over the last decade, there was a ten percent increase in the number of trucks involved in fatal accidents. These (as well as non-fatal truck accidents are far too common), and each accident warrants an examination of the cause. While vehicle defects, unsafe roads, and certain other hazards can lead to accidents, driver error is the most common explanation for truck crashes.
When it comes to individual accidents, there is little value in guessing about the cause. Instead, it’s necessary to determine exactly why the accident happened. This is what a Athens truck accident attorney will do for you if you hire them following a collision (whether the accident involved you or a loved one).
Truck Accidents Always Happen for a Reason, Here Are Some of Them
It’s an instinct for anyone involved in an accident to find out who is at fault. The determination of fault for a truck accident is also an important financial question, as most insurance rules and legal assign monetary liability for an accident based on fault.
Therefore, your truck accident lawyer will investigate your accident to see if it happened due to:
- Driver error: Drivers are fallible. When they are less careful than they should be and happen to be driving a truck, the result of their negligence can be particularly catastrophic. Speeding, texting while driving, site-gazing, tailgating, and dangerous merging are some of the many driver errors that can cause an accident.
- Vehicular defect or neglect: Generally speaking, trucks are on the road more often than other vehicles. This frequent use, along with their heavy weight, means that trucks require frequent service, regular inspections, and replacement parts. Failure to adequately inspect and service trucks can lead to collisions, as can the manufacture of trucks with design or assembly flaws.
- Cargo-related problems: There are strict rules for how to properly and safely load cargo. These rules govern the distribution, weight, and type of cargo that can be transported. Errors in the loading of cargo can contribute to collisions.
- Dangerous road conditions: When road conditions are not safe, accidents are bound to happen. An unsafe roadway can have large potholes, confusing lane markings, traffic lights that do not work, an absence of traffic signs, or any other condition that creates sub-optimal driving conditions.
- Another reason: There can be many reasons why a truck might hit another vehicle, pedestrians, fixed object, or roll over in a manner that leads to harm to others. Allow an experienced attorney to investigate the details of your accident and determine who is responsible for the collision.
Finding out the reason for a truck accident is just one of several steps necessary to secure fair compensation for a truck crash. It is, however, a very important step.
Negligence by Trucking Companies Is Another Possible Accident Cause
As your attorney investigates the cause and other details of your truck accident, they will investigate the actions of any trucking company with a connection to the collision.
A trucking company can be liable any time their employee causes an accident—you can say they are strictly liable for their employees’ failures. Trucking companies can also engage in negligence that contributes to accidents, which may include:
Hiring and Training Mistakes
Driving a truck is among the most high-risk professions one can engage in. Therefore, it is imperative that trucking companies:
- Ensure that every driver they hire has their commercial driver’s license (CDL) and any other necessary credentials
- Are in good enough health to perform the job they’re being hired to perform
- Train their employees in industry regulations, company policies, and other relevant rules and practices
- Take all other necessary precautions to ensure the employee can perform their duties in a safe, professional manner
If a trucking company fails in any way during its hiring and training, it may increase the likelihood of a collision occurring.
Failure to Use Modern, Safe Vehicles and Technologies
Equipment failures are one of the most foreseeable accident risks. Should a tire blowout or another vehicle component fail, the driver may lose control of the truck, and a collision may ensue.
When equipment failure contributes to an accident, investigators must determine what caused the failure. If the trucking company’s failure to monitor, service, or replace a vehicle contributed to the accident, the company is likely responsible for the accident.
Failure to Monitor and Discipline Unsafe Drivers
Some basic measures trucking companies can take to ensure a safe workforce are:
- Mandating regular health check-ups
- Implementing random (and possibly targeted) drug and alcohol testing
- Using technology like in-truck cameras to monitor driver behavior
- Monitoring drivers’ speed and other driving practices
- Warning, disciplining, and terminating drivers (and other employees) when necessary
Unmonitored drivers are often dangerous drivers. This means it’s critical for trucking companies to keep a close eye on their employees in several respects.
Flouting Laws or Regulations
Trucking companies are governed by a long list of rules and regulations, many of which come from the Federal Motor Carrier Safety Administration. If the trucking company violates any such regulations or permits its employees to do so, this is negligence.
Trust your lawyer to complete a comprehensive investigation into any trucking company, truck driver, and anyone else involved in your accident.
Attorneys Determine the Cause of Each Truck Accident They Deal With. Here’s How.
Federal authorities can use several types of evidence to determine how and why truck accidents happen. Your lawyer may use similar methods, which include:
Relying on Experts
Crash researchers and truck inspectors are two of the specific experts cited by the Federal Motor Carrier Safety Administration (FMCSA) as participating in the investigative stage. An expert may:
- Help your truck accident attorney interpret the evidence
- State their opinion about how and why the accident happened (perhaps based on witness testimony, vehicle damage, and other considerations)
- Reconstruct the accident (based on their opinion of how the vehicles most likely collided)
Experts can be an immensely valuable resource, particularly in closely contested cases. Law firms regularly pay the cost to hire experts as part of their contingency fee agreements with their clients.
Statements from Witnesses and Participants in the Accident
Some parties whose statements may be relevant to a truck accident investigation include:
- Yours
- A truck driver’s
- Eyewitnesses to the accident
- Those who saw circumstances leading to the accident (like a truck driver operating the vehicle erratically before the collision)
- Representatives of a trucking company
- A law enforcement officer
Your truck accident attorney may even obtain an admission from the party who is at fault for the accident. These statements may be key pieces of the puzzle that is your case.
Video Footage and Photos
Whether or not a photo or video is worth 1,000 words, they can be worth a lot to a truck accident case. Your attorney may obtain:
- Video from fixed cameras (such as those mounted on buildings or traffic light poles)
- Video from dashboard cameras inside vehicles (which are often in commercial trucks)
- Photographs of vehicle damage
- Photographs of the accident scene
If there is no video footage of the truck accident, an expert’s reconstruction of your accident can be an alternate way to illustrate how the collision occurred.
Employment Records and Data from the Truck
Your lawyer may obtain several types of evidence from a trucking company. This may be the very same trucking company your lawyer is pursuing compensation from, and the evidence they gather may include:
- Records showing that a driver has a history of causing accidents or engaging in unsafe behavior
- Data from the truck’s black box (also known as an event data recorder)
- Records indicating a truck driver has a history of unsafe drug or alcohol use
These are just a few types of evidence your attorney may secure from the trucking company and then incorporate in your case.
Every Truck Accident Survivor Should Think About Hiring an Attorney (for Good Reason)
You deserve to hear some specific reasons why hiring a truck accident lawyer may benefit you. Some of those reasons include:
Truck Accident Cases Often Involve High Financial Stakes
Truck accidents can be unusually expensive because:
- A commercial truck can weigh up to 80,000 pounds and in an accident, is likely to cause catastrophic property damage
- The great weight of trucks is also unusually likely to cause serious injury (and expensive medical treatment)
- Trucks are disproportionately related to fatal accident statistics, and wrongful death cases are costly by nature
You want to present the strongest case you possibly can. For many truck accident victims, hiring a lawyer helps them present a stronger case and maximize compensation.
Getting Evidence Can Be Tough
Anytime someone needs to secure evidence in a fixed amount of time, doing so can be difficult. It may be even more challenging in truck accident cases because:
- Some types of evidence, such as data from the truck’s onboard computer, may be technical and difficult to interpret
- Certain parties that possess evidence (namely the trucking company) may not want to share that evidence
Attorneys know how to file legal documents that compel trucking companies and other parties to hand over evidence to plaintiffs in truck accident cases. Trust them to secure all evidence that can help your case.
Liable Parties Don’t Typically Like to Pay Accident Victims
As you might suspect, those responsible for the cost of truck accidents are not always excited about paying victims—in fact, they often fight hard to avoid it. You may face substantial resistance from insurance companies, a trucking company, and any other parties you are seeking compensation from.
Your attorney will be ready for any bad-faith tactics liable parties use against you, which may include:
- Saying you caused the truck accident
- Downplaying the severity of your accident-related injuries
- Claiming your accident-related damages are less expensive than they are
- Denying insurance claims
- Offering a lowball settlement and not negotiating in good faith
Whenever someone is seeking compensation after an auto accident, it is reasonable to expect a fight.
Suing May Prove the Right Option for You
There are a few possible reasons why you may decide to sue one or more parties liable for your truck accident. If you do choose to sue, you may not know where to start—but your lawyer will.
If you hire a lawyer, you can file a lawsuit and pursue any other strategies that prove right for your case.
How a Truck Accident Lawyer Can Help You
If you work with a truck accident attorney, they will have total oversight of your case. Each case has its own unique features, but most truck accident lawyers:
Obtain and Organize All Evidence of Who Caused the Accident
Proving fault for the truck accident will be a vital step in your case. Your lawyer may use witness statements and many other types of evidence to prove who caused the accident.
Find Proof of Their Client’s Damages
Some potential proof of your damages may include:
- A counselor’s evaluation of your pain and suffering
- Medical records
- Bills for medical care, temporary transportation, vehicle repair, and other accident-related services
Your lawyer will use this and other documentation to prove the cost of your accident.
Obtain a Settlement or Move Forth with Further Legal Action
Your lawyer will likely negotiate with liable parties for a fair settlement. Filing a lawsuit and going to trial are other measures your lawyer may take in pursuit of the money you deserve.
Your Lawyer Will Account for All Your Accident-Related Damages (and Demand the Money You Deserve)
Your attorney will create a record of all your accident-related damages, which may include:
- Healthcare costs
- Pain and suffering
- Lost income
- Diminished earning capacity
- Vehicle repair costs
- Temporary transportation costs
Your truck accident lawyer will document your losses compassionately, without leaving a single type of harm out of their case valuation.
Retain a Truck Accident Lawyer as Soon as Possible
Your attorney will work hard to resolve your case as soon as possible. They know you want to see justice done and move forward and will wish the same for you. Don’t wait to speak with prospective Athens personal injury lawyers about how they will help you.