Truck Accident Liability
Truck Accident Liability
A truck accident is a unique situation. Not only is the vehicle much larger than other vehicles, often resulting in catastrophic injuries, but the number of parties potentially liable for the accident is significant as well. Liability for a commercial truck accident could include the truck driver, the driver’s employer, the truck manufacturer, or the company who owns and loaded the cargo.
TRUCK DRIVER FATIGUE
This is the most common act of negligence that a driver can commit is driving while they are tired. Driver fatigue sadly results in thousands of unfortunate and senseless accidents on American roads each year. In the context of truck drivers, the potential for catastrophe is all too real when fatigue becomes an issue. Federal trucking laws, known as Hours of Service (HOS) regulations, govern:
- the amount of time a driver can be on the road for a single stretch;
- how much time must be taken off between shifts; and
- how many hours they can log during a specific week.
It’s not at all uncommon for drivers to falsify their driving logs in order to be able to drive for more time. In fact, many trucking companies imply or expressly request their drivers to falsify records. Sadly, many trucking outfits place unrealistic scheduling demands on their drivers and sleep deprivation is often a common result.
Many factors result in truck driver fatigue:
- Long stretches of night driving
- Irregular schedules with little routine
- Unhealthy eating on the go
- Loading and unloading cargo in between trips
The National Transportation and Safety Board (NTSB) estimates that fatigue plays a role in excess of 30% of trucking accidents.
EXPOSURE OF THE BROKER OR CARRIER
A broker is an entity that arranges for the transportation and/or movement of cargo by a motor carrier such as a semi-truck. The broker simply brings together the truckers and the company that is attempting to ship goods. Brokers utilize computer tracking software and data to monitor the movement of goods and the trucks they have brought in to handle the task.
In analyzing the liability of a broker,Megwa Law examines whether:
- They did their duty?
e.g. whether the broker has acted in accordance with their duty to inspect the motor carrier/truck, inspected the safety history of the truck and drivers of whom they have contracted with.
- They were in control?
e.g. how much control the broker exercised over the truck and the driver. This can be investigated by inspecting the dispatch records, and whether the broker monitored and reviewed trip records or notes. Did the broker approve the receipts and bill of lading changes?
NEGLIGENT MAINTENANCE AND HIRING CLAIMS
Trucking cases are generally very complex based on a bevy of state and federal laws that sometimes conflict with one another. We often retain experts to determine whether the trucking company utilized faulty equipment or were negligent in maintaining the truck itself.
The Megwa Law Offices, PLLC examines the following:
- Were the tires defective, retread, or unevenly worn?
- Were the brakes, axles, hitches and a variety of other parts working and checked routinely?
- Were the maintenance logs complete, updated, and in accordance with both Arizona and federal statute?
At The Megwa Law Offices, PLLC, we will utilize the best experts on your Arizona truck accident case to determine whether the trucking company has taken any shortcuts that resulted in a violation of law.
In regards to negligent hiring and retention claims, we will examine the employment history of the driver and determine whether such individual was properly trained and experienced in operating a semi-truck or commercial vehicle. There are federal and Arizona specific provisions concerning the due diligence that must be applied by the trucking company in examining the driver’s safety history and criminal record. Trucking outfits can face massive liability for failing to adhere to such safety provisions.
TRUCK ACCIDENT SETTLEMENT
Seeking the appropriate medical care after a truck accident is vital to protecting your health, but can lead to a mountain of medical bills. In order to pay for these bills, accident victims often accept extremely low settlement offers from insurance companies trying to quickly close the case. It’s important to remember that the insurance companies are looking to settle your truck accident for as little money as they possibly can, all for the sake of profit.
It’s important that you are aware of your rights if you are the victim of a collision involving a commercial vehicle. Whether you are the truck driver, or another motorist unfortunate enough to fall victim to a serious semi-truck accident, you have the right to recover for your injuries. The trial advocates at The Megwa Law Offices, PLLC, specialize in personal injury law and have experience with all types of automobile accident claims. Our reputation for aggressively representing our clients to the insurance carriers is evident in our everyday diligent work toward maximizing our clients’ settlement offers. Rest assured, at The Megwa Law Offices, PLLC, your case will be handled with the utmost importance. You will never be pressured to take an unreasonable settlement offer, as our lawyers are ready and willing to take the case as far as necessary when the insurance carrier fails to take the proper course of action and make a fair offer.
