Understanding the Common Causes of Truck AccidentsAfter such a traumatic accident, one of the most common questions is simply why? Why did the accident happen? ?What caused the accident? Could anything have been done to avoid the accident? There are a number of reasons behind truck accidents. Some of the most common causes that truck accidents occur include the following:
- Fatigue (long hours driving with no proper rests)
- Intoxication (driving under the influence of drugs or alcohol)
- Distractions (using mobile devices or rubbernecking, for example)
- Reckless driving (speeding, tailgating, overtaking, weaving in/out of traffic)
- Unreasonable deadlines (companies enforce unreasonable deadlines that
- Improperly trained drivers (companies allowing inexperienced drivers on the road)
- Improperly loaded trucks (cargo is too heavy or not restrained properly)
- Poor truck maintenance (companies or truck owners fail to keep trucks in good condition)
- Poor road conditions (road defects like potholes or uneven pavement)
Liability in Truck Accident CasesOne of the most important things when it comes to truck accidents is to establish liability. Liability is based on negligence, which consists of four different elements: duty of care, breach of duty, cause, and harm. All drivers, including the drivers of personal vehicles and commercial vehicles, have a duty of care. They must drive safely and cautiously, always following all traffic laws, to ensure that they do not pose a risk to any other parties on the road. When they exercise any type of reckless behavior while behind the wheel, they are breaching their duty of care and creating the risk of an accident. If an accident occurs resulting in injuries or death – and there is a direct connection to the breach of duty – the party could be found liable for all the harm suffered. Employers could also be liable when they enforce unrealistic rules that could lead to their drivers to be reckless and cause an accident. City agencies could be liable when they fail to address hazards that eventually cause accidents. For more information about liability in truck accident cases, do not hesitate to seek legal assistance as soon as possible.
Learn more about your options for compensation by calling (213) 389-3765.
Do You have the Right to Pursue a Claim?Do you have the right to file a truck accident claim after you or a member of your family was involved in a truck accident? If the accident that resulted in your injuries or the death of a member of your family was caused by negligence, you will likely have grounds to pursue a claim. Depending on the specific details of the truck accident, you could pursue a claim against the trucking company, the truck insurance company, the truck driver’s insurance company, the city, your own insurance company, or another driver’s insurance company. You might even be able to pursue a workers’ compensation insurance claim. Because understanding who you could file a claim against could be complex, it is important that you discuss the details of your claim with an attorney to ensure that you have a thorough understanding of your right to pursue your claim. Do not hesitate to contact our law firm as soon as possible – we are ready to provide you with all the information that you need pursue your claim.
Could You Recover Compensation?If you or a member of your family suffered harm in a truck accident, could you be eligible to recover compensation? Depending on the specific details of your claim, you could receive compensation for the harm suffered. Although every truck accident claim is different, claimants could be eligible to receive compensation for all or some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Property damage
- Punitive damages
Steps to take after a Truck AccidentThere is no doubt that filing a truck accident claim might not be the first thing on your mind after being directly or indirectly affected by a truck accident. However, following a few simple steps immediately after a truck accident could help you be prepared to file a claim – that is, if you decide to do so at a later time.
Find out more about how we can help you. CHAT LIVE with a representative now.The recommended steps to take after a truck accident include the following:
- Taking photos of all injuries sustained
- Taking photos of the scene of the accident
- Gathering insurance information of all parties involved in the accident
- Gathering witness contact information
- Filing an accident report with the authorities
- Reporting the accident to the appropriate insurance company
- Seeking medical attention
- Evaluating all property damage
- Gathering all relevant records
- Seeking legal assistance