Truck accidents claim the lives of about 4,000 people annually. That can raise a lot of questions for the victims’ surviving families who were involved in truck accidents. What takes place after a fatal truck collision? What actions should family members take to safeguard their finances? What the truck driver or trucking company should do to help stop future accidents is perhaps even more crucial.
Common Causes Of Truck Accidents
The most common contributing factors to truck accidents in New York include:
- Fatigued driving
- Distracted driving
- Driving under the influence of alcohol, drugs, or prescription medications
- Speeding
- Overloaded, improperly loaded, or unsecured cargo
- Mechanical failure caused by a lack of preventive maintenance
- Mechanical failure caused by defective parts
- Lack of training for the driver
Common Injuries Result From A Truck Accident
- Broken bones
- Neck and back injuries
- Injuries to the spinal cord
- Traumatic brain injuries
- Burn injuries
- Crush injuries
- Dismemberment
- Injuries to the internal organs
Is The Trucking Company Or The Truck Driver Responsible For A Truck Accident?
Truck accidents are notoriously complicated because it can be challenging to determine who is legally responsible for paying for accident-related damages and injuries, the truck driver or the trucking company. Depending on the circumstances, either the truck driver or the trucking company may be responsible for any damages.
It is in your best interest to speak with a knowledgeable truck accident attorney if you were hurt in a crash in the Greater New Orleans area. They can advise you on how to proceed in order to obtain the most money possible for your losses and injuries as a result of the crash. The information below will give you a general understanding of liability in truck accidents until you have the opportunity to consult with a lawyer.
When Are Trucking Companies Responsible For Truck Accident Damages?
Various state and federal laws pertaining to truck maintenance, operation, hiring, and training must be complied with by trucking businesses. When one of their drivers is involved in a truck accident, breaking those rules frequently puts them in danger of being held accountable. The most common factors that make a trucking company liable for a truck accident include:
Poor Truck Maintenance
The Federal Motor Carrier Safety Administration (FMCSA), which is responsible for regulating the trucking industry, requires trucking companies to keep their trucks in roadworthy condition. Trucking companies are required to perform routine inspections, as well as immediate repairs and preventative maintenance, and to mandate truck inspections from their drivers.
Poor maintenance procedures by trucking companies put the safety of their drivers and other road users at risk. This is especially true when a mechanical issue arises during a crucial phase of operation. Examples of truck features that can lead to dangerous and deadly truck accidents when not properly maintained include:
- In order to avoid dangerous tire blowouts, tires must be rotated and worn tires replaced.
- A trucker may lose control if the fluids and other parts of the braking and steering systems are not filled and replaced.
- For truck drivers to respond appropriately to those around them and for other drivers to see the truck on the road, windows, mirrors, and lights must be functional.
If a truck accident occurs because of a mechanical breakdown, and the accident could have been prevented with proper maintenance, the trucking company could be liable for damages related to the accident.
Hours Of Service (HOS) Violations
How many hours a truck driver can drive each day and each week is subject to mandated rules put in place by the FMCSA. These Hours of Service (Mandatory breaks must be taken before a driver is permitted to resume driving, according to HOS regulations. These guidelines must be followed by trucking businesses or they risk fines and other sanctions. In order to enforce compliance with HOS regulations, the FMCSA has also recently mandated that trucking companies install electronic logbooks in their vehicles.
However, some trucking firms have discovered ways to get around the logbooks and compel drivers to work more hours than they are permitted to, which puts tired truckers on the road and increases the risk of accidents. If a drowsy driver falls asleep at the wheel and causes a truck accident, trucking companies that pressure or encourage drivers to break HOS laws may be held liable for the damages.
Poor Hiring Practices
Legally, trucking companies are required to employ qualified, safe drivers who can handle a particular truck. Companies with poor hiring procedures expose themselves to liability for damages if a driver causes an accident. Some examples of negligent hiring practices include:
- hiring a driver who does not have the necessary CDL (commercial driver’s license).
- omitting to check a driver’s driving history in the background.
- Choosing a driver with poor driving histories, such as someone who has been caught driving while impaired by alcohol or drugs.
Cargo-Related Issues
Workers who load trucks are typically employed by trucking companies. Putting the cargo on a flatbed or the back of a semi-trailer is not enough to load a truck. According to FMCSA regulations, loaders must properly secure the cargo so that it does not move during transport. Each truck and trailer must meet specific weight and balance requirements. Companies that transport goods by truck may be held accountable for damages if they fail to adequately train their employees on how to load and secure cargo or if staff members make careless errors that result in load spillage and a truck accident.
When Are Truck Drivers Liable For Truck Accident Injuries And Property Damage?
Unless they purposely caused an accident, truck drivers who are acting within the scope of their employment when one occurs are typically not financially liable for damages. Even if a truck driver is at fault, the trucking company will typically be held liable. It is possible for a truck driver to be held financially responsible for losses resulting from a truck accident, though. They include:
- The driver is not technically an employee of the trucking company; instead, he or she is an independent contractor who is required to maintain his or her own insurance.
- Behind the wheel, the driver made intentional, careless decisions. For instance, the driver might be responsible if they were irresponsible, driving too fast, or if they were intoxicated or using drugs.
- The truck was being used by the driver for personal purposes that were not related to his or her job.
- As an owner/operator, the truck driver effectively doubles as the owner of the trucking business.
Should You Get In Touch With The Truck Driver’s Insurance Company?
The truck driver’s insurance company is aware of your right to a wrongful death award, which will assist in giving you the much-needed money you require following a fatal truck accident. But generally speaking, the insurance company seeks to pay as little compensation as possible.
Do not accept the first offer made by an insurance company if you lost a loved one in a truck accident. Instead, consult a lawyer before accepting it. How much compensation you should seek for the loss of your loved one can be determined with the help of an attorney.
Once you begin working with a lawyer, you should let them handle all communications regarding your claim. This can help you to maximize your compensation and will also lessen your stress during a very trying time in your life.
Where Can You Find Financial Assistance If A Truck Accident Makes You Lose Your Loved One?
If a loved one was killed in a truck accident, there are many ways you can get financial support, including filing a wrongful death claim and contacting your loved one’s insurance provider.
A wrongful death claim can offer many victims’ families who have lost a loved one crucial financial support. When you lose an immediate family member, you also lose that person’s income and the services they typically provide for the family. A wrongful death claim can be extremely helpful during this difficult time as you work to adjust your goals, plans, and finances in light of this loss.
With the money from a wrongful death claim, a surviving spouse can finish their education or find a new job, and children can develop to the point where they no longer need parental financial support.
The surviving family members may have many questions and worries after losing a loved one in a fatal truck accident. In order to start the process of investigating the accident and to make sure you fully understand your legal rights and how much compensation you can anticipate for your losses, if you lost a loved one in a truck accident, call an experienced attorney as soon as you can after the accident. The loss of a loved one cannot be replaced, but your family may be able to recover financially with the aid of a wrongful death claim.
Conclusion:Staying Safe To Avoid Truck Accidents
Driving a commercial vehicle is risky, but it can become even more so if the driver is underprepared. Businesses that employ commercial vehicles must take precautions to lower the risk of accidents caused by their own drivers or by other drivers on the road.
If you have been hurt in an accident with a commercial vehicle, a truck accident lawyer can assist you. They can aid in your investigation and aid in your negotiations with the insurance provider for a just settlement.