In most cases the insurance company is the one who is responsible for generating an 18 wheeler motorcycle injury lawsuit settlement. This settlement is often caused by driver error such as texting while driving or using a mobile device. These accidents are not only dangerous for pedestrians and passengers however, they can cause serious injuries to truck drivers and their cargo. Before filing a claim, it is crucial to know the causes of an 18-wheeler collision.
Tractor trailers
A collision with an 18-wheeler could have a range of consequences for all drivers. Drivers who are tired or otherwise unable to concentrate on their job may be more likely to be driving under the trailer of a tractor. Truck accidents are often caused by distracted driving. Drivers who text while driving or are distracted run a higher risk of. Distracted driving can also include other common distractions, car accident lawsuit such as reading maps or using a cellphone. Truck operators must also be aware of road hazards such as potholes or uneven pavement.
Large trucks transport goods around the country and could cause serious injuries. Drivers must be alert and focused to avoid accidents, but often become fatigued or lose concentration. The results of these accidents could be devastating to innocent drivers and passengers. Accidents that involve 18-wheelers may cause serious property damage and traffic delays. By retaining an experienced 18 wheeler accident lawyer, victims can be compensated for their injuries and lost wages.
Jackknife accidents result when a large truck’s articulated joints make a sudden turn. The trailer can extend outwards and hit vehicles nearby. If a truck is jackknifing, it can also hit cars or pedestrians. It’s hard to manage an accident that involves a jackknife however, the force of the jackknifed truck causes it to collide with other vehicles, causing severe injuries and even death.
Conditions for weather that aren’t favorable
Unfortunate weather conditions can result in accidents involving trucks. It is a well-known fact. Although bad weather can be dangerous truck drivers are required to perform an obligation to exercise extreme caution in the face of adverse weather conditions. A truck driver could be held responsible for injuries sustained if she does not pull over in a dangerous area. Fortunately, a lawyer can determine if weather played a role in a crash.
Although a truck driver is generally responsible for ensuring that he has enough braking distance, snow and ice can increase the likelihood of collision. Inclement weather can affect visibility, impair a truck driver’s reaction speed, and even cause a car crash. Drivers must slow down in order to avoid an 18-wheeler accident. As a result, they may have to increase their travel distance to avoid an accident.
Truck accidents can also be caused by the negligence by a driver of a passenger car. A truck driver might be at least partially responsible for the crash however, a car driver could be partially. In these situations an attorney who specializes in truck accidents will use the above factors to establish the liability of the negligent truck driver. Truck accident lawyers can help you obtain the compensation that you are entitled to when you’ve been injured by another driver’s carelessness.
Truck driver’s employer
You may be thinking that the 18-wheeler accident was attributable to the truck driver. To determine who is responsible for the accident, it is important to know the relationship between the employer of the driver of the truck and the commercial driver. Some drivers are directly employed by their company while others are independent contractors who are under the control a commercial carrier. Depending on the company, a driver may be fired for violating the safety rules of the business or 18 Wheeler accident for violating a rule in relation to their work.
The lawful doctrine known as the respondeat superior says that employers is liable for the actions of their employee, if the actions were performed in the course of work. This law is applicable when a driver is operating a truck during work. This doctrine can be difficult to apply if the driver isn’t acting in the course of their employment when an accident occurs. A Memphis truck accident attorney can assist you in determining the proper parties to name in your boat injury lawsuit.
The employer of the truck driver and the employer of the other driver could be held responsible for the accident. If the employer of the other driver was negligent when entrusting their employee with the cargo the shipping company could be held accountable for the damage. In addition to the employer of the driver and the company’s employer, the latter could also be liable for medical expenses and wages replacement benefits.
Drivers of trucks are distracted
Accidents that result from distracted truck drivers can be grave. Distracted driving can result in serious injuries, including damaged spinal cords, broken bones or head trauma or disfigurement, death and even brain trauma. Distracted driving could cause a significant fine for the driver of the truck and the commercial trucking company. If you have been the victim of a truck accident you may be entitled to compensation for the damages caused by the negligence or reckless actions of the truck driver.
The first step in determining the cause of an 18 wheeler accident is to determine the cause of the driver’s distraction. Drivers of trucks who are distracted could get caught up behind the wheel or shut their eyes for a short period of time. These distractions may lead to a fatal accident because they fail to see the mistake of another driver or misjudge the speed of an approaching vehicle. Another factor that could be a contributing factor is the truck driver’s companion animal or co-driver.
Distractions can be in the form of manual or cognitive distractions. Drivers may be distracted by eating or talking to guests. Visual distractions may include watching billboards, television advertisements, or adjusting the radio. Cognitive distractions may include thinking about a fight, or thinking about it. Truck drivers might be distracted by background noise in their truck cab. This is a major contributing factor to the resulting accident.
Cargo that is not sealed
It is possible that you aren’t aware that your vehicle was struck by trucks. The truck driver is accountable for securing cargo properly, even if he didn’t load the cargo himself. The Federal Motor Carrier Safety Administration (FMCSA) has strict rules and regulations for the proper securing of cargo. Inadequately secured cargo can significantly increase the risk of crash. Unsealed cargo can be especially risky and should not be transported.
The person responsible for properly loading the cargo may be the person who initiated the load, the loader or the driver of the truck. The person who is the originator of the freight is also responsible for ensuring compliance with the federal and state regulations, as well as the applicable regulations. A truck accident can occur due to shifts in cargo or other reasons. To ensure that the cargo was properly secured must be documented from all parties.
Additionally, cargo that isn’t secured is a risk to other drivers. It can also fall off the truck and strike another vehicle, causing severe damage and road dangers. If the cargo falls off the truck, it could impact other vehicles directly and cause injuries to both the driver and the passengers inside. Drivers are more likely to make mistakes when driving. Furthermore speed plays a significant factor in trucking accidents. If the driver is unable to keep a constant check on speed it could result in him being liable for the crash.
Truck driver’s negligence
While it may be difficult to prove the truck driver’s negligence, there are some methods to make it easier. First, you have to establish that the truck driver was negligent in creating the accident. It doesn’t matter if it was due to a negligence of the truck driver or poor driving or a lack of care, negligence is a legal cause of the auto accident lawsuit. A court won’t be able find someone who did not adhere to federal or state regulations as being negligent, however, it will conclude that the driver of the truck was negligent and should be held accountable for their actions.
Another common mistake that truck drivers make is driving too fast or too far for the road conditions. Truck drivers may end up damaging their vehicle when they encounter these conditions. Truck drivers also tend not to make the necessary breaks, transport dangerous loads, or drive while under the influence of alcohol or. A negligent truck driver could result in a serious accident, so it is imperative to employ an experienced truck accident lawyer to help you pursue the case.
Another mistake truck drivers make is not keeping the proper track of their the hours of driving. Truck drivers are prone to pull off the side roads or shoulder when they are tired. This can result in the truck rolling over or jackknifing, which can cause injuries to other drivers. If the truck driver fails to use the warning signals, they may be held negligent in an 18-wheeler accident.