Truck Accidents Lawyer: Common Causes of Commercial Truck Accidents
If you have been in a commercial truck accident, you should know your rights and the potential damages you can recover. The truck driver’s employer can be held liable for negligence, as can the freight owner. The truck owner may own the trailer and the truck itself. Other potential parties to hold responsible for an accident include a truck company, a truck manufacturer, or maintenance company. In some cases, a safety inspector overlooked safety violations such as excess cargo. In some cases, the weigh-station operator also failed to check for safety violations.
Common causes of commercial truck accidents
Although large trucks pose unique dangers to other vehicles, the driver of a commercial truck must exercise special caution when operating a vehicle. This applies to other drivers as well. Even a minor driving error with a large truck, especially when traveling at high speeds, could result in an accident. To help you avoid a truck crash, learn more about common causes of commercial truck accidents. Below, we’ll discuss some of the most common causes of large truck accidents.
Driver error: While many truck accidents are caused by driver error, there are other factors that can lead to a collision, such as fatigue. Drivers are required to work long hours and often drive over long stretches of road. They are also under enormous deadline pressure, which makes it difficult to focus on the road ahead. This combined with a lack of sleep may cause a truck driver to fall asleep at the wheel or become distracted.
Duty of care required of truck drivers
Whether or not truck drivers are responsible for accidents depends on a number of factors. These factors can vary widely, but in general truck drivers are expected to exercise extreme caution and care while driving. They are required to stop and inspect cargo at least twice throughout the trip. Improper loading can lead to an overturned truck. If it is not safe for the truck to continue, it is the driver’s responsibility to make the truck safer.
According to Wisconsin Supreme Court decision in Dakter v. Cavallino, truck drivers have a higher duty of care than other drivers. In many cases, this is a higher standard of care than other drivers because the size and weight of big rigs make it more likely to be involved in an accident. The duty of care extends beyond the driver’s own actions. As a result, truckers must take extra care to avoid accidents and damage to other vehicles.
Damages that can be recovered from negligent party
In a commercial truck accident, the responsible party may be a company or driver. The negligent party may be liable for the accident if a driver is distracted by cell phone use, driving under the influence, or being tired. In other cases, a truck manufacturer may be held responsible for the accident if a defective part caused the crash. Trucking companies are also partially liable if maintenance companies fail to repair damaged parts of a truck.
The truck company may also try to use a legal theory called comparative negligence to deny you compensation based on your own fault. This legal theory outlines the proportion of each party’s fault in the accident and the damages that can be recovered. In California, a truck driver has a duty to use care and reasonable care when operating a vehicle, so if they fail to meet that duty, the injured party may be able to recover damages.
Cost of hiring a truck accident lawyer
The cost of hiring a truck accident attorney depends on several factors, including the nature of the case and the type of settlement. Typically, truck accident attorneys work on a contingency fee basis. This means that the attorney will advance you the costs of the case, and you will pay only if the case is won or settled. Depending on the circumstances of the accident, attorneys may charge up to 40 percent of the overall settlement, or even more.
When filing a lawsuit against an insurance company, they may resort to pressure tactics to reduce the amount of compensation they are willing to pay. However, truck accident lawyers are skilled at recognizing these tactics and recognizing them as an attempt by the insurance company to avoid paying a fair settlement. In addition to this, the truck driver may be an independent contractor or a carrier with their own insurance policy. If the truck driver was at fault for the crash, the trucking company might be responsible as well.