What Happens If You Get Hit By a Truck?

Any vehicular accident has the potential to be devastating, but that potential is greatest when one of those vehicles is a truck. The sheer size and weight of a truck eclipses that of any other vehicle on the road, which means that the level of destruction and devastation is likely to be much higher. That is why anyone who was in a truck accident will probably have higher medical bills, higher repair or replacement costs for their vehicle, and might be unable to work for a longer period of time.

If the truck driver was at fault for the accident, then the victim can be compensated for their losses. However, they will have to deal with the trucking company and that can get complicated. Fortunately, a truck accident lawyer can take care of the legal issues regarding a truck accident case so that the victim does not have to worry about dealing with the trucking company alone. Anyone who lives in California and was in a truck accident that was caused by the truck driver should contact accident lawyer King to get the help they need.

Why Truck Accidents Are Different From Other Vehicle Accidents

Aside from the amount of destruction that a truck can cause, truck accidents are different because truck drivers are governed by a different set of rules and regulations than regular drivers. These rules are set by the Federal Motor Carrier Safety Administration (FMCSA) and are there to make sure that truck driving is as safe as possible. Those rules include the following:

  • All truckers must go through the proper training that requires them to get a commercial driver’s licence.
  • The driver’s hours of service are limited in order to prevent them from driving while fatigued.
  • There is a maximum weight of cargo that the truck cannot exceed because it makes the truck harder to control.
  • The critical components of the truck, such as its brakes and tires, must be regularly inspected and maintained. This is to ensure that they are in top condition at all times.

If any of these rules are broken and an accident occurs as a result, then the accident victim has a valid case against the party responsible for the mistake that caused the accident.

Who is Liable in a Truck Accident

There are many possible parties that could be held responsible for a truck accident, it all depends on what caused the accident and who was responsible for that element. The following parties can be held responsible when a truck accident occurs:

The Trucking Company – In most cases, the trucking company is held liable if the driver worked for them and no other influencing factors were present.

The Truck Driver – This is only the case if the truck driver is an independent contractor who was hired by the trucking company.

Component Manufacturers – If it can be proven that the accident was caused because of the failure of a critical component, then the manufacturer of that component can be held liable. The accident would then become a product liability case.

The Cargo Loaders – If the accident was caused by an overloaded or improperly loaded trailer, then the party responsible for loading the cargo should be held responsible for the accident.

Once the party responsible for the accident has been identified, the accident victim can make a personal injury claim against that party. This can be more difficult if a large company was responsible, which is why anyone who was in a truck accident should contact an attorney to help them.

Contact an Attorney If You Were in a Truck Accident

In a truck accident, the responsible party is likely to be a large company rather than an individual person. Since dealing with a company is not something the average person will be able to do alone, they will need an experienced attorney to help them. An attorney will know all of the procedures to take and can negotiate with the company on their behalf in order to get them the compensation that they need. So if you have been in a truck accident, do not attempt to take on the responsible party by yourself; contact an attorney to get the help you need.