How to Deal with Truck Accidents

When road mishaps happen, which involve big trucks, the result is commonly fatal. Due to their weight and size, when trucks collide against another vehicle the impact can be so strong, which can cause instantaneous deaths to passengers and drivers alike. When lucky, one may escape death, but his injuries will either disable or disfigure him.

Oftentimes, vehicles that figure in these traffic accidents are commercial trucks, such as the 18-wheelers and huge trailers, bound for long trips. In almost all accidents involving big trucks, any or a combination of these factors account for the reasons of the accident:

Why Truck Accidents Happen

Commonly, it's fatigue and loss of sleep among drivers. When sleep is diminished and fatigue also sets in, you have a fatal combination for a road accident.

Since trucks can lose their balance due to load capacities that may be way beyond their normal capacities, or when cargoes are loaded incorrectly, trucks are prone to rollovers. Not all drivers can drive big trucks; drivers who are inexperienced or those who lack training are the ones susceptible to collision. Incidence of fire due to leaking batteries is also not isolated.

Laws on Truck Driving

Laws on the federal and state levels govern truck driving, and laws that are given more emphasis are the following:

State laws. Most states in the US have their specific laws on truck driving, thus it is imperative that truck operators and drivers should have a thorough knowledge about these laws, depending on which state they operate, for their full compliance, and to avoid road mishaps that may cost damage to life and property.

Federal laws. Federal laws are embodied in the Code of Federal Regulations. Given emphasis are the following:

• Rules on hours of rest, a new federal law, provides that truck drivers, while on duty, are required a minimum number of hours for sleep and rest.
• Insurance coverage

What to do when accidents happen

Watch out! When you or a loved one figures in a trucking accident, consult your lawyer right away. A competent Florida truck accident lawyer who has proven expertise in handling truck cases should be consulted to protect and uphold your right to file claims for damages. He or she will advise you not to sign any declaration or statement of whatever nature, which may jeopardize your right to claim. Investigators for the trucking company may also approach you with some papers to sign, releasing or extinguishing obligation of the trucking company to pay for medical and other incidental expenses - be wary about these, and don't sign anything without your lawyer's consent or if not in his presence.

Who are Truck Investigators?

They are investigators FOR the trucking company that figures in a truck driving accident. Their roles are primarily to gather evidences that can exonerate or diminish responsibility of the trucking company, such as finding out if the other driver has also acted negligently that may have contributed to the occurrence of the accident.

Investigators for the trucking company will determine if the opposing driver has been using drugs or taking alcohol at the time of the accident; over speeding or has committed traffic violations, such as beating the red light, cutting trips, etc.

How is guilt proven?

In accidents involving big trucks, traffic investigators look into myriad of factors that may have contributed to the accident, such as the driver's actions at the time of the accident, his physical condition, his psychological state, and if there are controlled substances involved, as well as intoxicating drinks. Investigators will also look into the condition of the vehicle at the time of the accident, the maintenance it received and how the cargo was loaded. They will also take into account industry standards on big trucks allowed on the road in a similar capacity and check if the truck that figured in the accident met such standards. They will also check on the driver's skills, and his past record on driving similar vehicles.

Proving guilt, which will consummate the finding of who was at fault when the accident happened, is not an easy task for investigators since this does not only involve the driver, but also the truck's operator and the truck's manufacturer. All these parties may be singularly or collectively at fault.

Opposing Views

Lawyer for the injured party will not only look at the culpability of the driver, but also at the trucking company and its responsibility as the owner/operator of the vehicle. On the other hand, counsel for the trucking company may try to counter charges by showing evidence that at the time of the incident, the driver has not acted in his capacity as employee, but was driving the vehicle for personal reasons, or there was no employer-employee relationship existing as the driver has acted in his capacity as independent contractor.

Where to gather evidence

Gathering evidence, which may either exonerate or impute guilt, is never easy, as details may be intricate. Most common sources of evidence at the scene of the truck accident can be gathered from collaborative statements of witnesses, and the condition of the vehicles after the impact. Other sources may be the driver's service record, his personal file with the company, trainings he attended, etc.

Service record of the company, as well as its programs for safety may also be considered as evidence.

Whenever necessary, reenactment of the accident as supervised by experts may also be resorted to in trying to establish guilt. Computer graphics are helpful tools in reconstructing the scene of the accident; visual footages taken at the scene may be used to pierce the puzzle together for experts to deduce theories from, on how and why the accident happened.

Filing for Claims

A person injured in an accident involving trucks, or his immediate family may claim for damages in any or all of the following losses prescribed under the law on personal injury, such as:

• Loss of income, including the capacity to earn;
• Medical Care and therapy, whenever necessary;
• Damages for pain and suffering;
• Disfigurement;
• Punitive damages;
• Other damages as provided for by law.