Proving Negligence in a Truck Accident Case
Written by Greg on July 11, 2018
Big rigs are a necessary part of our society because they transport goods across the country. Although they are needed, it can be dangerous to be on the road with them. Big rigs are large and can weigh up to 80,000 pounds when loaded.
When an accident occurs with an 18-wheeler, it can cause serious injuries or fatalities. If you are hurt in a big-rig crash, you may be entitled to compensation for your injuries and damages.
Negligence in Semi-Truck Accidents
There are many forms of negligence. To prove your case, you and your attorney will need to show that the party was liable for the accident and that they were negligent. Generally, negligence occurs when a driver does something or fails to keep the vehicle safe.
There are several reasons for big rig crashes. Some examples of neglect include:
- Distracted driver
- Driver was overworked
- Driver was fatigued
- Driver was DWI
- The driver was not duly licensed
- The driver was not trained
- The truck was improperly maintained
- The vehicle was not loaded properly
- Improper documentation
These are just some of the many negligent actions that could have caused or contributed to an accident. If the driver was not paying attention or lost control, he or she might be considered negligent. Find the cause of the crash to prove negligence.
Who is Responsible for Big Rig Accidents?
Some people assume that the big rig driver is responsible for a crash, however, that may not always be the case. The responsible party depends on the cause of the accident.
- Big Rig Driver: The truck driver might be liable if he or she did something that was negligent. For example, if the driver fell asleep, was driving while distracted or was speeding, he or she is likely responsible for the crash.
- Truck Company: The trucking company must ensure that their vehicles are safe on the road. If they fail to provide proper maintenance or repairs, the owner could be responsible. For example, if the brakes failed to work, causing a crash, it might be considered negligence by the trucking company.
- Manufacturer: The company that manufactured the big rig might be negligent. A product liability claim could be appropriate if a manufacturing defect ended up causing a crash. The truck manufacturer or a component manufacturer could be considered negligent.
Truck accident cases can be complicated. The cause of the crash is not always immediately apparent. Your attorney will work to gather the facts of the accident and determine which party or parties were negligent.
If you were involved in a crash with a big rig, speak to an attorney as soon as possible. Do not delay because sometimes, a crash reconstruction might need to be done, along with other investigative work.
Contact Baumgartner Law Firm (281) 587-1111 today to discuss your 18-wheeler injury case with a free consultation.