An estimated 12% of accident fatalities in the United States are caused by trucks. Tractor trailer accidents can cause severe injury, or death, to both the driver of the truck or the individual struck by the vehicle. The at-fault driver, or defendant, may be found to have not exercised reasonable care, which is an important component of any personal injury case. In addition, the victims of tractor trailer accidents may be able to recover damages, depending on the circumstances. Following are some important components of tractor trailer accidents and personal injury claims:
Trucking regulations:The federal regulations that govern the tractor trailer industry are different from that of a general automobile accident. Furthermore, each state may have additional regulations that have an impact on accidents. Shifting cargo, driver fatigue and faulty maintenance can contribute to the accident and are heavily regulated by state regulations. Securing vital evidence related to regulations, such as driver’s logs, eyewitness testimony and work-related drug testing results, is imperative to building a solid case.
Compensation: A substantial number of tractor trailer accidents are fatal for individuals in other vehicles, riding motorcycles or walking down the street. As a result, compensation, or damages, can be calculated based on a number of factors. For example, a wrongful death lawsuit can arise from the death of a pedestrian or driver of another vehicle. Furthermore, the plaintiff can seek compensation for medical expenses, income lost due to a doctor’s orders and future medical treatment.
Liability: Establishing who was responsible for the accident is essential to securing a favorable compensation package. Establishing liability can also prove tricky. For example, if a trucker struck another vehicle due to fatigue, the plaintiff is responsible for proving this. The collection of eyewitness testimony may prove critical, as swerving or other erratic driving behavior may prove the theory of fatigue or intoxication.
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