Nobody expects to be involved in a trucking accident, but unfortunately, they happen more often than we’d like. The size and weight of trucks cause these accidents to be more severe than other auto accidents, often resulting in permanent injuries and fatalities. If you’ve been involved in an accident and believe someone else was responsible, let us help you recover the compensation you’re entitled to. Contact Rodriguez & Associates today to schedule a free consultation.
Most Common Injuries Resulting From Truck Accidents
Truck crashes often result in serious injuries, varying from minor scrapes and bruises to long-term disabilities or even death in extreme cases.
The most common injuries resulting from these types of collisions include:
- Traumatic brain injuries (TBIs)
- Broken bones
- Whiplash
- Neck injuries
- Internal organ damage
- Spinal cord injuries
- Burns
- Soft tissue damage such as sprains and strains
Common Federal Trucking Violations That Cause Accidents
The Federal Motor Carrier Safety Administration (FMCSA) has put in place a set of strict regulations to help prevent truck accidents from occurring. These essential safety protocols are designed to protect other drivers on the road by preventing truck accidents. Some of the most frequently violated FMCSA regulations that lead to truck accidents include:
Hours of Service Rules
The FMCSA regulates how many hours a trucker can drive in a row, as well as regulating how many hours they can drive within a week. There are also regulations about the number of hours a trucker must be off duty before they can resume driving again.
Maintenance Rules
Trucks are incredibly complex machines and require regular maintenance to keep them running safely. Drivers need to check their tires and make sure they fit the inflation requirements set by FMCSA guidelines.
They also need to check their brakes, lights, and other important parts to make sure they don’t fail while they’re behind the wheel. If these maintenance checks aren’t done regularly, it could result in an accident due to mechanical failure or other issues.
Loading Rules
The federal rules limit large trucks to a combined total weight of 80,000 pounds for interstate travel. The FMCSA also dictates standards for how cargo must be loaded and secured inside each trailer depending on its type, size, and weight limits.
These items must be packed properly so as not to shift during transport which could lead to an accident if a driver loses control over their vehicle due to unbalanced cargo weight distribution.
Hiring Rules
Trucking companies are prohibited by the FMCSA from hiring drivers who have a record of poor driving, DUI/DWI offenses, or other issues that may make them dangerous while driving. This law is designed to keep roads safe by ensuring only qualified and responsible drivers are operating large commercial vehicles.
Who Could Be Liable for Trucking Accidents?
If you or someone you know has been involved in a trucking accident, it’s important to understand who could be liable.
Truck Driver/Their Employer
If a truck driver is negligent and causes a crash due to speeding, driving while under the influence, and other negligent behaviors, they may be responsible for any resulting injuries and damages. Additionally, their employer could face consequences if the driver was on the clock at the time of the accident.
The Truck Owner
The truck owner is responsible for keeping their vehicle in working condition at all times. If they fail to do so, and this leads to an accident, they could be held liable for any resulting damages.
Third Parties
Other parties may also be found to have contributed to an accident in some way. For example, if a malfunctioning part caused an accident (such as faulty brakes), then whoever manufactured them may be named as a defendant in a lawsuit. Similarly, if poor road conditions led to an accident, then government entities responsible for maintaining those roads may also find themselves facing legal action.
There are many potential parties who could be found liable in a trucking accident case, so it’s always best to consult with an experienced personal injury attorney if you think you may have grounds for filing a claim.
What Compensation Can You Recover from a Truck Accident Claim?
Common types of recoverable compensation include:
Medical Expenses and Lost Wages
In most cases, accident victims are entitled to reimbursement for medical costs and lost wages due to the accident. This includes everything from ambulance trips to hospital stays to ongoing physical therapy, as well as any salary or wages lost due to missed work or inability to perform job duties due to injury. It also covers any costs associated with long-term care or rehabilitation if necessary.
Pain & Suffering Damages
Truck accidents can result in serious emotional distress for those involved, such as fear, anxiety, depression, or PTSD. It’s important to recognize that these psychological effects are just as real and valid as physical injuries and those affected by a truck accident may be eligible for compensation for their mental anguish.
Property Damage
This includes repair costs for your car or other property that was damaged in the crash. In some cases, it may also cover rental car fees while your vehicle is being repaired.
Why Rodriguez & Associates Is The Right Choice For Your Trucking Accident Claim
We understand the legal complexities associated with trucking accident claims and can provide you with the expertise and knowledge to help make sure that your claim is handled properly.
Here’s why you should work with us:
- We have years of experience handling these complex cases and our team knows exactly what needs to be done for your claim to be as successful as possible. We are familiar with the laws that govern commercial vehicle accidents, so we can help guide you through the legal process as quickly as possible.
- We also understand that being involved in an accident can be a traumatic experience. That’s why we will always take the time to listen to your story and explain each step of the process in plain language so that you know what’s happening at every stage.
- We take pride in our long track record of success when it comes to trucking accident claims. Our team has successfully handled hundreds of cases over the years, helping victims receive fair compensation for their losses.
If you need help with a truck accident claim, contact Rodriguez & Associates today to schedule a free consultation.