It’s important to realize there is a difference between a truck accident and a car accident. One of the major differences being that the injuries people experience as a result of a truck crash are often much more serious. When a person has an accident with a truck, it may be possible to have multiple parties liable for the accident.
A Truck Accident
The trucks involved in Indiana truck accidents are large trucks, commonly known as big rigs or 18-wheelers, and include semi-trucks. These vehicles weigh over 4.5 tons. The Federal Motor Carrier Safety Administration (FMCSA) estimates that trucks of this size have been responsible for over 3,900 accidents involving fatalities on highways in the United States. Due to the severity of these accidents, victims often seek larger settlements for trucking cases to cover the extensive damages and losses incurred.
Multiple Responsible Parties
It has been shown that road accidents involving trucks can be the result of many different causes. This means there are many parties that could be held responsible. This includes a truck parts manufacturer, truck driver, freight shipper, trailer owner and more.
Manufacturer
It is possible for a truck accident to have been caused by a truck having defective parts. This could include the brakes, tires, engine parts and more. It could also include how the truck was designed and manufactured. The law classes these types of cases as a part of product liability.
Improper Loading
The ability to control a big rig safely and surely will be influenced by how it has been loaded. When the weight in the back of these trucks is not distributed properly, it can cause big problems. It is also important that the truck’s load does not exceed its designated weight limit. When it’s exceeded, the truck is not safe to be driven on a highway.
Truck Owner
It is unlikely that the truck drivers own the big rig they operate. They are usually owned by a company who employs the truck driver. An employer can be held responsible for the actions of their employees. A company can be held responsible for any driver they employ who is responsible for causing road accidents by being negligent, driving drowsy, being too aggressive and more.
Trailer Owner
It is the responsibility of the company who owns the truck’s trailer to ensure it is properly maintained and can be driven safely on the highway. A trailer is required to meet certain standards for safe transport of commercial freight. Should an unsafe trailer be used, the owner can be held responsible if an accident occurs.
Hours of Service Limits
Commercial truck drivers are required by the FMCSA to follow specified hours of driving known as service limits. This means a truck driver is not legally able to drive their vehicle longer than the limits permitted by federal law. Should drivers operate their trucks longer than permitted by law, and they are shown to be responsible for road accidents, it will be a significant factor in proving an accident victim’s case.
Legal Professional
When a person has an accident with a truck, they will need legal help. A truck accident attorney will have the necessary knowledge and experience to help an accident victim seek a fair settlement.
Most accident victims don’t know how to handle these situations, but legal professionals know how to get a person’s life back in order after experiencing an accident with a truck. They will know how to seek compensation for their client’s property damage, medical bills, and more.
