car accident, you probably already know that you need to get the insurance information
and identification of the driver that hit you. You might also have a general
idea that you are going to be dealing with their insurance company more
than the actual driver. Yes, for the most part, people have the general
idea of what to do about a car accident and how a car accident claim is handled.
But what about
truck accidents? At a cursory glance, they can seem very similar to the typical traffic
collision – they usually occur on highways or at intersections,
a driver’s negligence is likely the cause, etc. – but looking
deeper reveals a few crucial differences. If you want to maximize your
chances of getting full compensation for your injuries and damages, you
are going to need to understand those dissimilarities in better detail.
Liability is Not Straightforward
The liability in a commercial truck accident could, in certain circumstances,
not even fall upon the truck driver. This strange outcome can be caused
by the fact that numerous hands and entities control a single commercial
truck. Each one of those interested parties could potentially do something
wrong that leads to an accident, and therefore take some of the liability.
For example, a trucking company’s management staff might schedule
drivers to work excessive hours, over the legal limits created by the
Federal Motor Carrier Safety Administration (FMCSA). Not wanting to lose
their job, the trucker continues working but falls asleep at the wheel.
In such a scenario, the better part of the liability could be on the trucking company.
In another example, imagine that load crews stacked too much freight on
one side of the trailer. While it was being loaded, maintenance crews
failed to notice serious defects with the axle and steering systems. While
on the highway, the trucker loses control of the vehicle, it tips over,
and injures another motorist. Once again, some, most or all of the liability
could be taken off the person who was actually driving the truck.
Investigations are Complicated
Trucking companies often keep a team of investigators and attorneys on
speed-dial so they can get eyes on the scene of a trucking accident as
soon as possible. By the time the injured driver gets help to review the
crash site, their opposition will already have an advantage. But beyond
trucking companies starting investigations early, the evidence reviewed
in them is also more complex than a car accident.
Specific bits of evidence
that could be helpful in a truck accident investigation include:
- Trucker’s employment & training skills
- Maintenance record of the truck
- Electronic on-board recorder (EOBR) data
- Trucking company’s safety history
Gain Your Own Advantage with a Lawyer’s Help
What trucking companies do not expect, or want, is for you to team up right
away with a professional Wichita truck accident attorney. At Hutton &
Hutton Law Firm, LLC, we are always excited to be able to help clients
through such difficult times and against the odds, for legal challenges
are the best kind of success stories. Throughout our years of practice,
we have secured
more than $400 million for clients through
verdicts and settlements. We think your case deserves that caliber of service – don’t you?
Call 316.313.4730 today, schedule a
free consultation, and ask about our “no win, no fee” policy!