For the truck accident claim to be successful, several things are needed. This includes determining the party at fault, proof of negligence, highlighting how serious the accident is, and how large the damages were.
According to statistics, your claim can be affected by several factors. The most important things you have to remember are the following.
When Negligence Appeared
One of the most important parts of the commercial truck accident is to prove that the incident happened because of negligence. Someone’s actions were responsible for what happened during the collision. Without being able to do this, you cannot recover losses.
When discussing truck accidents, we see negligence as any type of act or behavior that is seen as a breach of duty. To determine this, we take a look at the duty of care of the truck drivers. This is a legal responsibility to act in a specific way so that you would avoid actions that would injure other people.
The FMCSA has a regulatory process put in place. Through it, truck drivers are considered to be responsible to always adhere to specific regulations whenever being on duty. Some of the main regulations to know about are:
- The truck driver can not drive more than ten hours during one workday
- A logbook needs to be maintained of all hours driven
- Cargo needs to be properly loaded
- Service and rest breaks have to be documented
- Alcohol and controlled substances should not be used
- Legally mandated maintenance and service requirements have to be respected
Some common negligence examples that appear in truck accidents are falling asleep while driving, driving when under the influence, and texting and driving. Whenever involved in accidents with truck drivers who did not respect regulations, you can use evidence to prove they happened because of negligence.
Liability In Truck Accidents
There are differences between regular car accidents and commercial trucking accidents. A big one is the fact that truck drivers are often employed by a business. This is why the carrier (trucking company) might end up facing legal responsibility for what happened.
Some other parties might also be legally liable when truck accidents happen. This includes:
- Large truck manufacturers
- Cargo owners
- Trucking company vendors
- The local government
Damages And Injuries
Truck accident claims are evaluated based on an analysis of damages and injuries. This can be a simple or complicated process, according to what happened.
In moderate to severe cases, injuries lead to hospital expenses, ambulance costs, and sometimes ongoing care to deal with permanent or serious injuries. You have to build the claim with the help of a truck accident attorney so that absolutely all expenses are taken into account, together with non-economic losses, like loss of companionship, which appears in situations like wrongful death.
Truck accident claim value can easily be influenced by the evidence that is available, the severity of injuries, the extent of damages, and a whole lot more. Always file the claim with the help of an attorney so that you can be sure you get the highest possible compensation for what happened.