Trucking Accident: Filing a Lawsuit
M. Scott Bucci—July 1, 2016
As we travel on the road, we are joined by large commercial trucks commuting across the nation to deliver products from the warehouse to the store. These trucks are crucial to the economy as they make sure people get the goods they need. However, when these trucks are not operated correctly, the trucking company forces tight deadlines on the driver, the trailer is not properly loaded, or a defective part is on the truck, it can cause a serious crash. Because of the large size of these trucks, when something goes wrong and a collision ensues, the results can oftentimes be considered catastrophic.
Any time someone is injured in a truck crash, the occupants of the smaller vehicle are the most likely to sustain the most severe injuries. This is because commercial trucks can weight tens of thousands of pounds. Combined with some kind of negligent act and the results can be devastating. If you have been injured, it’s important to know what options you have and what steps you can take. At Breit Cantor Grana Buckner, we want to make sure you understand your rights. This is why our Virginia truck accident attorneys work with you so you understand what can cause a truck collision, how a lawsuit is filed, who the defendant is, and to what kind of damages you may be entitled.
Causes of Truck Crashes
There are several factors that can cause a truck collision and determining what happened can help you determine who is liable. For instance, one potential cause of a truck crash is drunk driving. In this case, the driver violated federal regulations and should be held accountable. In another case, perhaps the driver is tired because he or she has been driving for too many consecutive hours. While the driver should still be liable for not stopping when he or she was supposed to, fault may also fall on the trucking company if they encouraged the driver to continue driving in order to meet a deadline. Some other potential causes could be an overloaded trailer or a defective product. In order to file a lawsuit, you need to determine the cause, thus discovering the at-fault party.
Who is Responsible?
Depending on the cause of the accident, there may be multiple parties responsible for the injuries you sustained. In the case of drunk driving, distracted driving, or failing to log hours of operation, the driver may be responsible for any crash he or she causes. If the trucking company pressures a driver to meet a deadline and encourages ignoring the hours of service regulations, they may be responsible. In the event, a truck rolls over because of overloaded or improperly loaded cargo, the employee responsible for correctly stocking the trailer may be accountable. Finally, if a part on the truck fails for no reason — such as brake failure — the manufacturer may be a liable party.
Damages to Which I May Be Entitled
Depending on the severity of the crash, you may be able to recover compensation for lost wages, medical bills, rehabilitation costs, or in the event of death, funeral expenses and lost services. This is best described by a skilled lawyer who can help you understand what you may be entitled to in your case and can work to help you reach the outcome you desire.
There are various regulations that require trucking companies and truck drivers to follow rules and remain safe. One of these is the Hours of Service regulations — which states how long a driver can operate the truck consecutively before going off-duty — and the weight limits for a truck — which when exceeded, places everyone at risk.
If you or someone you love has been injured in a serious truck collision, call Breit Cantor Grana Buckner. We know what it takes to hold the responsible party accountable and seek the compensation our clients need and deserve. Our Virginia truck accident attorneys aim to stand by your side every step of the way and we are completely devoted to making sure you can move forward in life with the peace of mind knowing your case is being handled by good hands.