Trucking accident laws cover injuries sustained by those riding in a passenger car that has collided with an 18-wheeler. Liability in truck accident cases is based on the negligence doctrine: because the driver of the truck was negligent, traffic laws, DOT and FMCSA rules, and traffic laws all apply.
Causes of Trucking Accidents
Most passenger cars weigh 4000 pounds or less, while an 18-wheeler can weigh forty tons or more. Differences in stopping distance, ride height and the driver’s line of sight can create problems when cars and 18-wheelers share the road. Drivers are paid extra for getting to a destination quickly, and during these times, the safety of other motorists may not be a top concern.
Of all the behaviors that can cause accidents, certain types of conduct are often seen. Accidents can happen when drivers don’t get enough rest, or when they operate under the influence of stimulants. Some truckers drive aggressively, turn wide, carry too-heavy loads and merge too quickly, which can also cause tragic accidents.
Finding the At-Fault Party
To establish liability for an accident and to help victims make a recovery, plaintiffs must first identify everyone responsible for the accident. It is vital to name all parties in court documents. If anyone is left out and it’s discovered that one of those parties was partially responsible, it would be too late to add that entity to the lawsuit.
Proving Liability and Collecting Damages
Once the plaintiff has named all defendants, they must establish liability, which is based on negligence. The plaintiff only has to show that a reasonable person in the driver’s position would have been more careful. With other defendants, other aspects of negligence are important. If a company knowingly hires a drug-addicted driver, the company may be held liable under vicarious liability rules, that is, the trucking line may be held responsible for injuries even if they didn’t do anything wrong. Plaintiffs must prove the extent of damages, with help from an 18-wheeler lawyer in Nashville, TN.
Hire a Trucking Accident Lawyer
Trucking accidents happen every day on America’s roads, and to dodge liability, many companies and insurers have legal teams ready to go at a moment’s notice. If you’ve been hurt in a trucking accident, you don’t have to navigate the legal system alone. Browse the site and call an 18-wheeler lawyer in Nashville, TN for legal advice.
