If you or a loved one has been injured in a truck accident, then you’re well aware of the toll one of these wrecks can take. Your family may be struggling to make ends meet as your loved one struggles with the physical and emotional pain and suffering that has been unfairly thrust upon him or her. These can be hard times for sure.
Ways to build your truck accident claim
Fortunately, a personal injury lawsuit against the trucker who caused the accident and his or her employer may be one way to alleviate these losses. While demonstrating that the trucker was driving negligent at the time of the accident, such as by speeding or texting and driving, is one way to approach your claim, you’re not limited to that strategy.
In fact, there may be many other ways that you can prove liability. Let’s look at some of them here:
- Improperly maintained truck: A rig has to be kept in proper condition if it’s to be safely operated on the road. That’s why federal regulations require routine inspections of these trucks. Drivers are supposed to conduct post-trip inspections to identify defects in operating systems, from tires to brakes, and the truck company is supposed to withhold that truck from operation until the identified issues are corrected. Additionally, each truck in a company’s fleet is required to undergo a yearly inspection. These inspections are thorough, analyzing every aspect of the rig from windshield wipers to mirrors and steering systems. By subpoenaing maintenance records, you may be able to see how a trucker or his or her employer dropped the ball and allowed a dangerous truck onto the road.
- Improperly secured cargo: Federal regulations also speak to the ways in which cargo has to be secured on these trucks. The specific requirements depend on the type, size, and even the shape of the cargo being hauled. But the regulations are pretty specific, addressing the type and number of tiedowns that must be used, as well as whether any blocking needs to occur. If a trucker and his employer fail to abide by these regulations, then you have more evidence to support your claim.
- Hours of service violations: Truckers are required to abide by federal limitations on the number of hours that they can drive. For example, a trucker can’t operate a rig more than 11 hours after taking 10 consecutive hours off, and he or she must take a 30-minute break after a cumulative period of eight hours of driving. Truckers are also limited to driving 60 hours in a seven-day period, or 70 hours in any eight-day period. Again, through your personal injury claim, you should be able to gain access to the trucker’s log, which can show whether he or she was abiding by applicable hours of service regulations.
Building the comprehensive case that you need on your side
To best position yourself for success, you need to address every aspect of your case. This is the only way to know for sure that you’re putting forth all the evidence that supports your claim. It’s also the only way to identify potential defenses that may be raised by the trucker and his or her employer.
Therefore, preparation is key to your claim. If you’d like to learn more about what you can do to best position yourself for success and what an attorney can do to help you achieve a favorable outcome, then please consider researching your representation options and choosing one that is right for you.
