Being in a car accident is never an easy thing to deal with. People get injured, vehicles get damaged, and sometimes people suffer from permanent consequences of the accident. However, the if you’re involved in an accident with a semi-truck, the situation becomes even more complex. While people involved in regular vehicle accidents only have to prove which driver was at fault, it’s not so simple when it comes to a trucking company. There are many things that need to be taken into consideration in order to win your lawsuit against a trucking company.
Proving Who Was at Fault
In regards to a semi-truck accident, the fault of an incident does not always immediately fall on the driver of the truck. There are many things that could contribute to a semi-truck being involved in an accident, and the driver may not be aware of any of them. While it may be clear that a semi-truck was responsible for causing an incident, actually finding out who to hold responsible is a different thing altogether.
The person who loaded the truck may be able to be held responsible if it can be proved that they did not load it properly. There are specific procedures for loading a semi-truck to ensure that the load does not shift around and cause problems for the driver. If the truck’s loader neglects these procedures, then they may be the one held responsible for the accident the truck caused on the road.
The person who actually owns the truck may be held responsible for any accidents it caused on the road as well. Often times, the person who is driving a semi-truck is not the one who owns it; they simply work for another company and are contracted to drive a specific route. While the driver is responsible for ensuring they are practicing safe driving techniques, they are not responsible for ensuring all aspects of the truck are up to code. The truck’s owner is responsible for making sure that the engine is in good condition, the transmission is working fine, the brakes are functioning as they should, and so on and so forth. If it can be proven that the truck’s owner was slacking on the maintenance or was aware of a potential issue and did nothing to fix it, then they can be held responsible for an accident the truck was involved in.
While the blame can sometimes be placed on other people, it most commonly does fall onto the driver. This is because they are usually subject to driving for long hours and end up getting fatigued behind the wheel. The truck’s owner will often put a lot of pressure on a driver to get a load to its destination within a certain time period, which forces the driver to be on the road for far too long. The driver should know that they have to pull over if they cannot focus on the task at hand, but they often try to push themselves to make their deadline and secure their paycheck. While sleep deprivation is the most common cause of semi-truck accidents, there are others as well. Sometimes, drivers will try to take energy drinks, over-the-counter or prescription drugs, or anything that can help them remain focused while on the road. People who are not used to ingesting these things may find themselves in a situation where they are “crashing”, or the drug is rapidly wearing off. This will leave a driver in a state of mind that’s unclear, and they often make mistakes at the wheel.
Handling Your Particular Case
Because cases involving semi-trucks are so complex, the best thing you can do is hire a lawyer that’s experienced in dealing with these scenarios. People can sometimes represent themselves on cut and dry accident cases that involve another regular car, but they will have a tough chance doing this against a trucking company. Usually, these companies have teams of lawyers that know exactly what to do to make it look like their company or driver was not at fault, which can make it difficult for a victim in the courtroom. However, there are some lawyers who are just as aggressive as the trucking company’s lawyers and will do everything they can to prove their client was not at fault.
A good lawyer will investigate past incidents with the trucking company in question, get records of the truck’s maintenance and checkups, investigate the driver behind the wheel, and look into all sorts of in-depth information that could help you in your court case. If it comes up later that the truck involved in your accident was previously in another one because of a mechanical issue, then your lawyer can have the same issue checked out to see if it’s what caused the problem again. They can also investigate the driver if they were previously involved in an accident as well. If a driver was on prescription medication at the time of a previous accident, they can be tested to find out if that’s what caused the one you were involved in. There are many ways a good lawyer can prove that you were not at fault in an accident with a semi-truck.
If you’re looking for a skilled law firm that has plenty of experience with trucking accidents in Gilbert, AZ, then get in touch with Tobler Law. This law firm comes highly recommended by people who have used them for trucking accidents in the past, and they have a great record for getting their clients the money they deserve. When it comes to a case involving a trucking company, the dollar values are usually going to be much higher than they are in a regular car accident. Don’t let your choice of lawyer be the reason that you miss out on a settlement that could change your family’s future.