Author: Gordon Heuser, Esq., Heuser & Heuser
Truck accidents are a blight on our roadways, and it’s unforgivable that they continue to be on the rise, considering that we’ve got a litany of regulations on the industry designed specifically to prevent accidents, as well as increased awareness of the damage they can cause. Truck accidents are up 20% since 2008, and over 145,000 people nationwide suffer disabling injuries or die in a truck accident every year.
When you’re hurt in this kind of accident, the damage can be catastrophic, and it gets even worse when nobody wants to take responsibility. All you want is to get compensated for your injuries, and you can’t even pin down who to hold responsible. Discover the various potential truck accident causes, why it can be so complex to pin down liability for these cases, and how a truck accident attorney can help you.
Truck Accident Causes
There is a litany of potential truck accident causes, and this is precisely why these cases can get so complex. For example, a truck accident can be caused by a driver who is inexperienced, exhausted from being overworked, distracted by a device or playing with the stereo, from eating or even from being intoxicated.
Accidents can be caused by nasty road and weather conditions. They can be the result of cargo coming loose, shifting and causing the truck to go off-balance. They can even happen when a tire blows, brakes fail or some other mechanical component goes off.
Each different cause has complex circumstances surrounding it and can lead to different people being responsible.
Who Holds the Blame?
Truck accidents are all about negligence—that is, who engaged in the irresponsible behavior at the heart of the accident that caused your injury. In most cases, the trucking company itself holds some responsibility for an accident if their name was on the truck or on the placard licensing it. The driver can clearly hold blame in some situations. Sometimes, if parts go bad, it can be the parts manufacturer or the maintenance crew tasked with checking out the truck.
If cargo shifting is the problem, the loading, shipping or packing company can hold the blame. These kinds of cases can get very complex because nobody wants to step up and accept responsibility. They’ll all blame each other, and then they’ll blame you. The trucking company might even try to remove themselves from the equation entirely, claiming that they hold no responsibility for an independent contractor.
You should be aware that Federal law says that the trucking company does, in fact, hold some responsibility even if the driver was a contractor and not a full employee.
Working with a Truck Accident Attorney
If you’ve been in an accident with a big rig and you’re having trouble sorting out the truck accident causes as well as who’s responsible, you should work with an experienced truck accident attorney in Winston-Salem like Mike Lewis Attorneys. We’ve helped many North Carolina injury victims get full compensation for the harm they’ve suffered and we’re here to help you as well. Contact us for a free consultation today.
About The Author
Gordon Heuser is a truck accident lawyer in Colorado Springs, Colorado and is a founding attorney of Heuser & Heuser, L.L.P. Heuser & Heuser has offices located in both Colorado Springs and Pueblo, Colorado. To learn more about Gordon, please visit HeuserLaw.com.