Understanding Truck Accident Cases: Your Rights and Defenses Explained

Truck accidents can be devastating. The immense size and weight of these vehicles often result in severe injuries and complicated legal proceedings. If you or someone you love has been in a truck accident, understanding the situation is crucial.
Here is a guide to help you understand your rights, the intricacies of truck accident cases, and the common defenses trucking companies use, which are crucial for protecting yourself after an accident.

Common Types of Truck Accidents
Truck accidents can occur for many reasons, ranging from driver’s negligence to hazardous road conditions. Some common types of truck accidents include:

• Jackknife Accidents: A truck’s trailer swings out of control, forming a “V” with the cab, often due to improper braking or slippery roads.
• Rollover Accidents: A high center of gravity makes rollovers more likely, especially at high speeds or sharp turns.
• Blind Spot Accidents: Large blind spots pose a significant collision risk for nearby vehicles.
• Rear-End Collisions: Sudden stops are difficult due to their size and weight, increasing the risk of rear-end collisions.

Defenses in Truck Accident Cases
To reduce their liability, trucking companies and their insurers frequently use various legal defenses. These may include:

• Blaming the Other Driver: Shifting blame to the other driver involved is a common tactic. To reduce their payout, they might allege that the other driver was at fault, even partially.
• Driver Error: The company might claim the accident was solely due to driver error, attempting to shift blame away from the company itself, even if factors like inadequate training or pressure to violate Hours-of-Service regulations contributed to the truck accident.
• Mechanical Failure: Attributing the accident to unforeseen mechanical issues is another common defense. However, it’s essential to investigate whether negligence in maintenance practices played a role.

Who Can Be Held Liable?
Determining truck accident case liability can be complicated, potentially involving multiple parties, such as:

• The Truck Driver: If negligence, fatigue, impaired driving, or violation of trucking regulations caused the accident, the driver can be held liable.
• The Trucking Company: The company can be held liable for a range of negligent actions, including inadequate driver training, improper vehicle maintenance, unrealistic scheduling demands that lead to driver fatigue, or failure to conduct proper background checks on drivers.
• Truck or Parts Manufacturers: Faulty equipment, such as malfunctioning brakes or tires, could lead to manufacturer liability for the truck or the defective part.

Contact a Truck Accident Attorney Today
If you’ve been in a truck accident, understanding your rights and seeking guidance from a seasoned lawyer are crucial. Contact Eells and Trovold Law Offices today to speak with our attorneys. We can help you understand your rights and fight for your deserved compensation.