In a car accident case, it should be fairly easy to determine who is at fault. Failure to yield, failure to signal, reckless endangerment, failure to secure a load—these are all fairly straightforward faults to prove. On the other hand, in a truck accident case, you have much more to consider besides just these traffic violations. In the case of any semi driving down the road, there are multiple entities involved in the packing and maintenance of the truck, and each of these can play a part in an accident.
Driver error is, of course, a consideration in a truck accident case. A semi driver can just as easily make a mistake as the driver of a car, but before you decide that you should sue the driver for damages, you have to consider what else may have contributed to the accident.
The Trucking Company
Failure to properly maintain a truck can lead to equipment failure, which in turn can lead to an accident. For example, failure to change brake pads can lead to brake failure. If a truck driver does not own his truck, but instead drives a truck that belongs to a trucking company's fleet, the driver may not be responsible for the accident. Thus, you need to look into what the exact cause of the accident was. Maybe the driver did everything right, but an equipment malfunction crippled the truck and caused an accident.
The Owner of the Cargo
Drivers will often be involved in loading and unloading their trucks, but this is not always the case. In the case of sensitive equipment, the owner of the cargo might decide to have their own crew load a truck. For a truck to handle properly, weight should be distributed evenly over the axles. If packers stack too much heavy equipment on one side of the truck and not the other, the imbalance of weight can lead to trailer sway, which an lead to a loss of control.
A driver or trucking company may unwittingly buy faulty equipment, which leads to an accident. If the driver buys the equipment on good faith, then the company who sold the faulty equipment may be at fault.
As you can see, truck accident cases have several layers of complexity. Learning how to decipher the facts of a case to determine who is at fault takes time and training. Thus, while it is always good to have a lawyer by your side in an auto accident case, it becomes even more critical in a truck accident case. For more information, check out companies like Master Weinstein Shatz Moyer, P.C.Share
28 July 2015
After you have endured a traumatic, life-changing car accident, it can be hard to transition back into your everyday routine. As friends and family members chat about upcoming outlet mall sales or holiday plans, you might be secretly worried about how to pay your medical bills or forget about that wreck. Fortunately, dealing with your car accident case proactively by working with an attorney can really help. After I was involved in a car accident a few years back, my attorney stood by my side and helped me to argue for what was rightfully mine. I made this website to teach others what to do if they are involved in an accident.