Truck Accident
Traffic Accident
Causes
Every year, nearly 500,000 large trucks (tractor-trailers
or "semis") are involved in traffic accidents in the
United States. Approximately 5,000 of these accidents involve
tractor trailer trucks and result in fatalities. In fact, one
of every eight traffic fatalities is caused by a collision
with a large truck. Most deaths that occur in these accidents
are the passengers of the automobiles. Drivers of trucks
typically remain uninjured.
The attorneys of Oshman & Mirisola, LLP have seen the
devastation that truck accidents can cause, and we are proud
of our successful record of helping truck accident victims. We
strive to create an environment where every client’s case is
handled as the most important one in the firm.
Trucking litigation involves claims against negligent truck
drivers and the companies who hire them. Under the law, a
driver of a large truck is considered to have an even greater
standard of care than other drivers, because of the injuries
that their large trucks can cause. Collisions caused by a
trucker's negligence can lead to the most catastrophic
injuries on the road.
The National Highway Traffic Safety Administration (NHTSA)
sponsored a study that concluded approximately twice as many
car drivers would die in collisions with light trucks than in
similar collisions involving cars of the same weight as the
light truck. For the same reasons, occupants of passenger cars
and light trucks have much higher fatality rates than
occupants of large trucks and buses.
Examples of truck negligence generally fall into two
categories: driver error and vehicle maintenance failure. The
most common cause of driver error is fatigue, which can cause
clouded judgment, drowsiness, and falling asleep at the wheel.
Driver error can also be due to inexperience, improper driver
training and driving under the influence of alcohol or drugs
(whether prescription or illegal). Deregulation of the
trucking industry has resulted in an increase in speed-limit
violations among tractor-trailer drivers as well.
Truck accident lawsuits tend to be far more complex than
other vehicle accidents for several reasons, so it is best to
consult with an attorney immediately who will look out for
your best interests. The difficulty of these cases is largely
due to the following factors:
- Trucking companies and insurance adjusters realize the
potential for major lawsuits when a truck accident is
involved, so immediately following an accident they
quickly gather evidence and experts and immediately begin
to prepare their case.
- Determining the defendant can be extremely
difficult and complex, as follows:
- Driver Fatigue - this would likely be the
driver’s fault.
- Overloaded Freight – this would likely cause
the company the driver works for to be involved in the
lawsuit.
- Excessive Speed – this could cause the driver
and the company to be listed as co-defendants, if strict
and unreasonable deadlines were set on the driver.
- Equipment Malfunction – this could cause the
manufacturers to be defendants.
- Defective Tires – this could also cause a
tire manufacturer or distributor to be named as a
defendant.
- Failure to Follow State and Federal Regulations
– this would normally name the company and driver to
be co-defendants.
If you or a loved one has been hurt or killed in a truck
accident, Oshman & Mirisola, LLP wants to help you get the
compensation you deserve so you can focus on healing from your
injuries. Contact us today at 1-800-400-8182, or contact us
online for a free case evaluation.
We are always available to speak with you, and if you are
unable to come to our offices for an initial case sign-up, we
will send someone to you, whether at home or in the hospital.
For more information, please see our Truck
Accident Frequently Asked Questions.
Contact us online through our FREE
accident evaluation form if you have any questions about
your claim.
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