Trucking accidents are much more complex than the average wreck. In addition to the greater risk of injury due to the size and weight of the vehicle, there are many factors to consider in determining liability.
A car accident involving a common sized passenger vehicle is usually straightforward. Someone did not exercise a reasonable amount of care behind the wheel and can easily be shown to be at fault for the accident.
In the case of a trucking accident however, there are a few more factors at play. Several different parties can be considered liable for truck crashes. Therefore, a plaintiff can sue multiple parties. Potential defendants can include:
Often, the defendants involved in trucking accidents will do their best to prevent liability from falling on themselves. The owner or lease holder will blame each other or the manufacturer, the manufacturer will blame the loader, the loader will blame the driver, the shipping company will claim the driver is a contractor, etc.
Previously, the independent contractor status of a driver would be used by the trucking company to avoid liability. The company could claim that the driver was not an employee and therefore the company could not be liable. If the truck is owned by the driver or leased from another company, they could claim they were not liable as they were not responsible for the truck’s condition.
Fortunately, the law has changed so that trucking companies that own a trucking permit are responsible for any accidents involving trucks bearing the company’s name. Liability can further be proven thanks to advances in GPS technology including “black boxes” similar to what can be found in airplanes.
The Broussard team at The Law offices of L. Clayton Burgess has over 20 years of experience holding multiple parties responsible for truck accidents. We have recovered $millions for our clients in settlements and verdicts. It is our job to advocate on your behalf and ensure you are compensated fairly.
If you were hurt in a commercial truck accident, you may be eligible to receive compensation for medical costs, lost wages, and pain and suffering. However, it is important to contact our offices as soon as possible; there may be time limits to file your claim.
Call our office today for a FREE review of your personal injury case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.
Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!
Contact your Broussard, Louisiana Personal Injury Attorney at The Law Offices of L. Clayton Burgess Today!
We ask so much of truck drivers everyday. The companies they work for often have them on tight deadlines leading to the drivers operating while incredibly tired. Unfortunately, many drivers rely on over-the-counter as well as illegal drugs in order to keep themselves awake for long shifts.
Any trucking company must, regardless of any deadlines they set, follow the law on driver rest periods. In the event of an accident, the records of those rest periods must be checked as soon as possible.
Whether awake, sleepy, or impaired, any truck driver can make mistakes and fall victim to equipment failure. Faulty brakes, tire blowouts, and improperly loaded cargo can lead to rollover and jack-knifing.
When driving next to a large truck, avoid the driver’s blind spots at all times. If you cannot see them, they cannot see you. And as always, be sure to give truckers a wide berth in windy and rainy weather.
Driver error is the most common cause of trucking accidents. In fact, truck drivers are ten times more likely to cause an accident than any other factor. In a recent study, Federal Motor Carrier Safety Administration found the actions of drivers were responsible for 88% of all trucking crashes. Additional statistics included:
Other contributing factors included:
Contact your Broussard personal injury team at The Law Offices of L. Clayton Burgess today! Our staff and lawyers will fight for your fair compensation. We work on a contingency fee basis, so we don’t get paid unless there is a recovery of funds. Additionally, personal injury consultations are free; so you never have to pay out of pocket. Let us get started on your case today!