Truck accidents can be more catastrophic than accidents involving two personal vehicles. A loaded truck weighs 25 times more than a small car. Accidents involving trucks result in severe injuries or fatalities thanks to weight disparities and physics laws.
Truck accident victims can file injury or property damage claims against negligent truckers or their employers. Many California residents hire a truck accident lawyer in Bakersfield to help them seek justice through the courts or insurance companies.
Dangers of Commercial Truck Accidents
Research by the Department of Transportation shows that truckers are more careful on the road than automobile drivers. But even then, the number of truck accidents is high in the U.S.
Truck accidents aren’t always attributed to negligence, they can result from unforeseen risks or the negligence of other road users. The seriousness of a truck accident depends on the size and nature of the load.
A loaded truck is heavier than an empty truck. That said, a loaded truck will cause more severe injuries and damage in the event of an accident. On the other hand, severe injuries like secondary burns can result from a truck carrying hazardous or dangerous cargo like petroleum products or industrial waste.
Proving Your Case
Truck accident victims are entitled to compensation for bodily injuries or property damage resulting from a negligent trucker. However, claimants must provide sufficient evidence to prove the liability of the defendant.
Truck accident injury claims are subject to personal injury law. A valid injury claim must contain the elements of negligence. In other words, the plaintiff must prove that:
- They were owed a duty of care by the defendant— the at-fault driver.
- The defendant breached this obligation.
- The breach caused an accident.
- The plaintiff suffered verifiable physical injuries or property damage.
Potential Defendants
Claimants must identify potential defendants to sue. This isn’t limited to truck drivers. Potential defendants in a truck accident claim can include truckers, trucking companies, contractors, employers, and auto insurance companies. Employers or trucking companies are legally liable for the negligence of their employees (truck drivers in this case).
You or your attorney must prove the existence of an employment relationship between the trucker and the above-mentioned defendants besides truck drivers. Proving an employment relationship can be difficult if a trucker is an independent contractor hired by a company.
The test criteria for determining is based on supervision. Employees are supervised by employers while independent contractors are their bosses. The liability of different defendants is a key factor to consider in insurance recovery. Why? Because they likely have different types of auto insurance policies.
Manufacturers and shippers of hazardous cargo can be liable for injuries caused by such cargo. The manufacturer or shipper has legal obligations to create awareness of the potential dangers of dangerous cargo.
Damages for Truck Accident Injuries
Truck accidents are subject to personal injury law as aforementioned. This means personal injury damages are awarded to truck accident victims. A successful truck accident claim can attract damages for physical, mental, and financial losses, including:
- Damages for bodily injuries;
- Damages for property destruction or loss;
- Medical bills;
- Loss of consortium;
- Pain and suffering, among others.
Special Considerations In Truck Accident Cases
Unlike passenger vehicles, trucks are exposed to the following unique dangers:
Jackknifing
Large vehicles are prone to jackknifing in some cases. Jackknifing occurs when a trailer pushes the “head” or driver’s cabin to one side, especially during emergency braking.
The driver of a jackknifed truck isn’t considered negligent if:
- Jackknifing resulted from a slippery road, or
- Emergency braking.
Turning Accidents
Big trucks require a large space to negotiate corners or make a turn. Truck accidents that occur during turning are devoid of “negligence” in many states. However, some courts consider driving on two lanes or turning from an inside lane illegal and sufficient to prove the trucker’s fault.
How can a Truck Accident Attorney Help?
A truck accident can cause severe physical injury, permanent or temporary disability, property damage, or fatalities. Your life can be adversely affected in many ways after a truck crash, including:
- Losing the ability to work;
- Depending on others to perform your daily tasks;
- Inability to meet marital obligations;
- Losing employment opportunities, and more.
A skilled and experienced truck accident attorney can help crash victims seek and receive the justice they deserve. Car accident attorneys are personal injury law specialists, so they know what to do to win a truck accident injury claim.
If you or a loved one is a truck accident victim, you should seek professional legal help. Consult with an experienced truck accident attorney near you for the best results.
Truck accidents can be devastating, especially if the victim’s life is significantly affected. The good thing is that victims of such accidents have legal recourse.