Filing a Trucking Accident Lawsuit
Justin Sheldon—January 21, 2022
Every day, while we are travelling down the road, large trucks commute to deliver products between warehouses and stores so that people can get the things they need. These trucks are very important for the economy because they help citizens get what they want.
A faulty trucking company could force you to meet extremely tight deadlines. If the trailer isn’t properly loaded or there is a defective part on the truck, it can cause a serious crash.
Large trucks usually have a greater risk of causing a catastrophic wreck which can have serious consequences.
Large commercial trucks are much more hazardous in that they can be much larger and weigh much heavier. As a result, any time someone is injured in a truck crash, the occupants of the smaller vehicle are much more likely to be severely hurt.
Negligence often leads to accidents that can be devastating – especially for those who are injured. If you’re in this situation, it’s important to know the options you have and what steps to take next.
Breit Biniazan wants you to know your rights. That’s why we work with you to make sure you understand what factors may cause a truck accident, how lawsuits are filed, who the defendant is, and more.
Causes of a Truck Crash
There are several factors that can cause a truck collision. By determining what happened, you can then determine the liable party.
For example, if a truck crash was caused by driving under the influence, then that driver should be held accountable. However, if someone is tired and driving for too long then crashes it’s different because they’re not doing anything illegal.
It is the responsibility of the driver to stop on time and not exceed their hours. While they still should be liable for this, some fault may fall on the trucking company if they encourage drivers to continue driving past certain hours.
Some other potential causes could be an overloaded trailer or a defective product. You need to determine the cause before you can file a lawsuit.
Who Is Responsible?
Depending on the cause of the accident, there may be more than 1 party that is responsible for injuries sustained. If it was a result of drunk driving, distracted driving, or failure to log hours of operation, any drivers involved in the accident may be to blame.
If the trucking company pressures a driver to work past hours, they are indirectly encouraging them to violate the hours of service regulations. The company may also be held accountable for any actions that lead to an accident.
It’s the responsibility of the employee who loaded the trailer to make sure it can carry its load without rolling over.
Finally, if an unforeseeable part of the truck fails, like a brake failure, the manufacturer may be liable for repairing it.
Damages To Which I May Be Entitled
Depending on the severity of the crash, you may be able to recover compensation for lost wages, medical bills, rehabilitation costs, or in the event of death, funeral expenses and lost services.
A personal injury lawyer can help you find out whether or not you are entitled to any compensation in your case, and will help you reach your desired outcome.
Trucking companies need to follow regulations and maintain the safety of your drivers.
One of these is the Hours of Service regulations. It states how long a driver can operate the truck without requiring an off-duty time — and the weight limits for a truck. When these are exceeded, everyone is put at risk.
If you or your loved ones have been injured in a serious truck collision, call our firm, Breit Biniazan.
When you need quality truck accident representation, we’re here to help. Our dedication and professionalism will ensure that your case is looked after by trained professionals whom you can trust.
Contact the expert brain injury attorneys at Breit Biniazan for professional legal representation.
Justin Sheldon's law career of over ten years began with a sympathy for those who had been injured and a passion for representing those injury victims. With years of experience, ongoing legal education, and various awards winnings, Justin provides the expert and fierce legal representation that Virginia personal injury victims both require and deserve.