A truck accident can turn your life upside down. It can leave you with serious injuries that are painful and debilitating, and your financial losses, including medical expenses and lost wages, can threaten financial ruin. Taken together, these damages can lead to an enormous emotional burden that can affect you day-to-day. This is unacceptable, especially if your harm was caused by the negligence of another.
A personal injury lawsuit can be a great way to not only recover compensation for your losses, but also ensure that the individual who harmed you is held accountable. When your claim focuses on a truck accident, there may be a number of ways to approach proving negligence so that you can achieve both goals. Here are some ways that are specific to truck accidents.
Violations of federal regulations
There are a lot of federal regulations meant to keep motorists safe from dangerous trucking practices. These regulations can limit hours of operation, address medical conditions, and specify drug and alcohol testing procedures. While truckers and their employers may be fined for violating these regulations, a violation can also be indicative of negligence. Therefore, obtaining trucking records may be critical to your case.
Improper truck maintenance
Trucks are driven thousands of miles in a short period of time. As a result, they need constant upkeep. In fact, truckers and their employers are required to conduct periodic inspections. If they fail to do so, then their trucks can malfunction while on the road, which could result in a serious truck accident. Again, obtaining documentation from the trucker and his employer can help shed light on whether routine maintenance was conducted.
Improper tie downs
Some trucks carry large pieces of equipment or piping that remains on the truck only through the use of tie downs. The proper use of tie downs requires knowing the length and weight of the item being tied down, as well as the best material to secure the object in question. If items are improperly secured on a truck, then they could break loose and cause devastation to nearby vehicles and their passengers. An accident investigation should uncover exactly which type of tie down was being used at the time of the accident.
If the trucker who injured you was on the job at the time and performing his job duties, then vicarious liability may apply. This theory of law allows you to sue the trucker’s employer, which could allow you to achieve a more adequate recovery of compensation. You’ll just need to be prepared to counter any arguments that the trucker was taking an unauthorized detour or engaging in some other unauthorized activity at the time of the accident.
Truckers and their employers will act quickly and aggressively to defend themselves. Even if they try to settle a case, they’ll probably try to convince you to take an amount of compensation that is far less than your case is worth. So, you’ll need to be fully prepared when you decide to move forward with your case so that you can obtain the best outcome possible under the circumstances.
This isn’t an easy task, of course, which is why many people find it beneficial to have an experienced attorney on their side. Law firms like ours have years of success handling these types of cases, which means you have the ability to acquire help that is results-oriented and dedicated to getting you on the path to recovery. If you’d like to learn more about how best to approach your case, then consider contacting an attorney that you feel is right for you and your circumstances.