The Truck Accident Attorney You Should Have on Your Side
When a motor vehicle is involved in an accident case with a commercial truck, the results can be devastating. We hear about accidents on our roads involving motor vehicles and trucks every year in the U.S., each one bringing serious results as drivers are seriously injured and even loses their lives. The Federal Motor Carrier Safety Administration (FMCSA) found that, in just 2015, 4,311 large trucks were involved in fatal crashes. Tens of thousands of people were seriously injured in these catastrophic accidents. Just why are truck accidents so deadly on our roads? Look at the size difference. The sheer size alone of a truck compared to a motor vehicle is tens of thousands of pounds indifference.
If you’ve been involved in a serious truck accident, you may wonder what rights you have when it comes to bringing your claim against a negligent party and receiving compensation that you deserve. We can help you gain compensation in your time of need because we care about your case and want to stand by your side every step of the way.
Truck Regulations: Dictating Rules on Our Roadways
Let’s start by taking a look at the regulations that dictate what drivers can and can’t do in regards to our roadways across America. The federal government adopted certain regulations as a way to monitor what trucks do on our roadways. Here are some of these regulations, in-depth:
Hours of Service: Hours of service (HOS) regulations are designed to ensure that truck drivers are always driving alert on our roads and not falling asleep behind the wheel. Through following these regulations, truck drivers might be able to minimize their personal fatigue, increase the amount of time it takes to react, and decrease overall accidents. But how do these regulations work? Here are some of the aspects that HOS dictate:
- Drivers never exceeding 60 hours on duty in 7 days of work
- Drivers never exceeding 70 hours on duty in 8 days of work
- Driver restarting a 7-8 day period after they have taken 34 hours off work to rest
- Drivers being permitted to drive 11 hours after 10 days off duty
Texting: Drivers are never permitted to drive and text on our roadways. This means that, if a driver is texting on the job, this is illegal and not permitted by any truck company.
No Drinking and Driving: When it comes to anybody on our roadways, drunk or drugged driving is never permitted. There are many regulations that keep these laws in check when it comes to those operating some of the largest vehicles on our roads. For instance, companies are permitted to drug test drivers before employment and after an accident occurs, as well as mandatory drug tests at random or when a company is suspicious of drug or alcohol use. Drivers are never permitted to drive a truck when they have a BAC of over .04%.
Inspection/Logbooks: Drivers, as well as the truck companies, are supposed to always keep inspection and logbooks. Logbooks show us daily inspections that take place, results of drug tests, off and on duty hours, safety reports, the condition of the truck, hours of service information, and more.
Determining Liability in a Truck Accident Case
Determining liability in your case may be one of the most difficult aspects for anyone involved in a truck accident. You might not think that this would be a difficult aspect from the start. Isn’t the truck driver always liable for one of these accidents when injuries have been involved? However, this is not always true. Sometimes, another party aside from the driver can be held liable in a case. For instance, provided the truck driver is an employee and not an independent contractor, vicarious liability could apply and a truck company might be liable for damages that its truck driver causes when they are working within the scope of employment. Perhaps the truck company put a driver on the roads even though they had a traffic record history, failed to properly train them before tossing them onto the roadways, or failed to keep logbooks.
In other cases, a driver would be fully negligent in cases where they failed to abide by the rules of the road and were working on their own time. Other liable parties could include a cargo loader who improperly loads the back of a truck, a maintenance provider, a manufacturer of the truck’s parts, and more. As you can see, many different liable parties could play a role in your accident case because negligence is not always as clear as it seems.
Damages in Your Truck Accident Case
The damages that result from a truck accident case can be catastrophic in nature. Here is an in-depth explanation of many of the damages you could likely see in one of these cases:
Medical Expenses: Significant damages result from these cases, leaving you with a mess when it comes time to pay the medical bills associated with the hospital, therapy you have received, and many doctor’s visits that occur from week to week. You could be compensated for any money spent on traveling to appointments, in-home medical care, expenses that your insurance won’t cover, and more.
Lost Wages: Truck accidents can lead to debilitating injuries, which means that you might miss out on opportunities at work. When you miss out on work, you might miss out on opportunities to pay medical expenses. You could be reimbursed.
Loss of Earning Capacity: Your overall earning capacity might be reduced when you aren’t able to return to your job. You might have physical or mental restrictions now, which means that you might end up in a position where you have a lesser paying job.
Emotional Distress: It is not unheard of for those involved in these accidents to feel anger, resentment, sadness, and anxiety due to their serious accident. You may be able to recover for these damages.
No matter what types of damages you have received in your case, we want to stand by your side as you receive the compensation you deserve in your time of need. At the McGuire Law Firm, we understand the effect your case might have on your life and want to help you every step of the way. Call us today for more information on how we can help you at 888-352-0624.