In most cases the insurance company is accountable for generating an 18-wheeler collision settlement. This settlement is often the result of driver’s negligence like texting while driving or using a mobile phone. These types of accidents aren’t only risky for pedestrians and passengers however, they could also cause serious injuries to truck drivers and their cargo. Therefore, it is important to understand the reasons behind an 18-wheeler accident prior to deciding to file a claim.
Tractor trailers
An 18-wheeler collision could have a range of consequences for all drivers. Drivers who are tired or are unable to concentrate on their job may be more inclined to drive under the tractor-trailer. Truck accidents are also often caused by distracted driving. Drivers who text while driving or are distracted pose a greater risk. Distracted driving also includes other common distractions such as reading maps or using the phone. Truck operators must also be aware of road hazards, like potholes and uneven pavement.
These massive trucks typically transport goods across the country and accidents that happen with them can be fatal. Drivers need to remain alert and focused to avoid accidents, but often become fatigued or lose focus. The consequences of these accidents could be devastating to innocent drivers and passengers. Accidents involving 18-wheelers can cause serious property damage and traffic delays. If you hire an experienced 18 wheeler accident lawyer, the victims can be compensated for injuries and lost wages.
Accidents involving jackknife occur when a large truck’s articulated joints abruptly turn. When the trailer is swung outward, it can hit nearby vehicles. A truck that is jackknifing may also hit pedestrians as well as cars. A jackknife accident can be difficult to control, but the momentum of the trailer can cause it to collide with other vehicles which can cause serious injuries and even fatalities.
Poor weather conditions
Poor weather conditions can cause accidents involving trucks. It’s a known fact. Although bad weather can be dangerous truck drivers have an obligation to exercise extreme caution under adverse conditions. A truck driver may be held responsible for injuries if he isn’t able to stop in a risky area. A lawyer who handles truck accidents will help determine whether weather conditions played a role in a crash.
While a truck driver is generally responsible for making sure he has enough braking distance snow and ice could increase the risk of collisions. Inclement weather can affect visibility, impair a truck driver’s reaction speed, and result in a car crash. As a result, drivers must slow down to avoid an 18 wheeler accident. To avoid an accident, drivers might have to increase their travel distance.
Accidents involving trucks can also be caused by negligence by a driver of a passenger car. In this case the truck driver could be partially responsible for the crash, but the driver of a car in the passenger seat could be partly responsible. Lawyers for truck accidents will use these factors to prove negligence of the truck driver. Truck accident attorneys can help you get the compensation you are entitled to when you’ve suffered injuries due to another driver’s carelessness.
Truck driver’s employer
You may be thinking that the 18-wheeler accident was the fault of a truck driver. To determine who is accountable for the incident it is important to know the relationship between the company that employs the driver of the truck and the commercial driver. While some drivers are directly employed by the company they work for, other drivers are independent contractors who are under the control of a commercial carrier. According to the company, a driver can be dismissed for violating the safety regulations of the company or for motorcycle injury breaking a policy regarding their employment.
The legal doctrine known as respondeat superior holds that employers could be held accountable for the actions of its employee, 18 wheeler accident if those actions were performed in the course of the course of employment. This law applies to truck drivers who operate a truck working. This doctrine is difficult to apply when a driver isn’t operating within the scope of their employment when an incident occurs. An attorney who is specialized in Memphis truck accidents can assist you in identifying the right parties to name in your lawsuit.
In addition to the truck driver’s employer, the other driver’s employer could be accountable for the accident. A shipping company may be held responsible for any harm caused by negligence on the part of the other driver’s employer when they entrusted their employee with a cargo. The driver’s employer may also be responsible for medical expenses and wages replacement benefits.
Drivers of trucks are distracted
Truck accidents caused by distracted truck drivers can be grave. It can result in catastrophic injuries, such as spinal cord damage, broken bones head trauma, disfigurement, auto accident lawsuit or even death. Truck drivers and commercial truck companies can be penalized for distracted driving. If you have been the victim of a truck crash, you may be legally entitled to compensation for losses resulting from the negligent or reckless conduct of a truck driver.
The first step in determining what caused of an 18 wheeler accident is identifying the source of the driver’s distraction. Drivers who are distracted by their work can become slumbering behind the wheel or shut their eyes for a split second. These distractions can lead to fatal accidents due to their inability to notice the mistake of another driver, or are unable to judge the speed and direction of the approaching vehicles. Another contributing factor may be the truck driver’s animal companion or co-driver.
Distractions may take the form of manual or cognitive. Drivers can be distracted by eating or talking with people around them. Visual distractions may include watching billboards or television advertisements, or turning on the radio. Cognitive distractions can include thinking about a fight coming up or daydreaming. In the same way, a truck driver may be distracted by noise inside the truck cabin. This could lead to an accident.
Unsealed cargo
It is possible that you aren’t aware that your passenger vehicle was struck by trucks. The truck driver is responsible for properly securing cargo even if he didn’t load the cargo himself. The Federal Motor Carrier Safety Administration has strict guidelines for cargo security. The risk of a crash is significantly increased if cargo is not properly secured. Unsealed cargo is especially dangerous and should be secured prior the time of transport.
The originator, the loader or driver of the truck are all accountable to load cargo properly. The originator of the freight is also responsible for ensuring compliance with the state and federal regulations and applicable regulations. It is possible for a truck accident to happen due to shifting cargo and other causes. In order to prove whether the cargo was properly secured, records from each of the parties involved must be collected.
Unsecured cargo could also pose a risk to other drivers. It is possible for it to fall off the truck and crash into other vehicle inflicting damage and creating road hazards. The cargo may hit other vehicles directly if it is thrown off the truck. This can cause injuries to both the driver and the passengers. Drivers are more likely to make mistakes while driving. Additionally speed plays an important factor in trucking accidents. Drivers who don’t keep an unbroken speed check may be held accountable for the accident.
Truck driver’s negligence
Although it isn’t easy to prove negligence against truck drivers, there are ways to make it simpler. First, you have to establish that the truck driver was negligent in the accident. The negligent truck driver or simply negligent driving negligently is a legal cause of the accident. A court will not be able to find someone who didn’t follow state or federal regulations as negligent, but it will conclude that the driver of the truck was negligent and should be held accountable for their actions.
Truck drivers often make the common error of driving too fast or too far in order to avoid road conditions. Truck drivers may end up damaging their trucks when confronted with these circumstances. Truck drivers may also fail to take the necessary breaks, or transport unsafe loads, or drive under the influence of alcohol or under the influence. A negligent truck driver could lead to an accident that is serious, therefore it is crucial to engage an experienced attorney for truck accidents to help you with the case.
A truck driver might be negligent by not keeping a record of their driving time. A lot of truck drivers are tired and may pull onto the shoulder or side of the road. This can lead to the truck crashing or jackknifing, which could cause injuries to others. Truck drivers who do not follow the warning signs could be held accountable for an 18-wheeler crash.