Legal Theories Involved in Truck Accident Cases

 


Certain legal theories and rules about truck accidents exist. These theories can have an impact on the outcome of the case or who is responsible. To understand the process, rules, and theories involved in a case, a lawyer is necessary for the victim of the collision.

Truck drivers and companies must adhere to the federal and state laws that govern truck drivers and the shipping of goods across the country. These laws protect passengers, drivers of passenger vehicles, and anyone else who may be affected by them. These laws are based on legal theories that will help to create new laws regarding responsibility and accountability for trucking accidents. The Federal Motor Carrier Safety Administration and the United States Department of Transportation assist in translating theories into regulations in every state and across the nation. These laws can reduce or eliminate injuries and property damage from trucking accidents.

The at-Fault Driver

The state can hold the responsible party responsible once a theory is made law. A lawyer is often needed by the victim to prove that the truck driver, or company that hired him or her, was responsible for the damages. The lawyer can use the evidence in the truck’s black box, weather information, witness statements, and details from the passenger vehicle driver and trucker to reconstruct the incident. The legal team can prove the negligence of the trucker or third-party agency by using an expert witness.

Commercial Truck Drivers Licenses

A commercial trucker must have a valid Commercial Driver’s License in order to drive the truck. These laws are also governed by state laws and can lead to severe penalties for those who fail to renew their license or do not keep their CDL with them when they drive the truck. Drivers who lose their license in an accident could face severe penalties or a valid claim from the victim. Additional problems arise when the employer is involved.

Rest periods

One theory was that the driver must take a rest period after driving consecutively for an hour. It is essential to avoid drowsiness, distractions, and driver fatigue that makes it difficult to focus on the road and other obstacles. To reduce fatigue-related collisions, both an off-duty and rest period are necessary. Drivers who are able to spend some time off from driving can recuperate and improve their awareness of traffic and roads. These rules were developed from extensive research on collisions between trucks and fatigued drivers.

The Claim: Legal Theories

A lawyer who is hired to investigate the case will come up with several theories. One party may be held liable and partially responsible for the collision. A third party, manufacturer, or company may have violated state or federal laws. Another legal theory could exist. It is not easy, but it is important to prove the right theory attached to the claim. The victim will be compensated for damages if the other party violates the law.

A lawyer will be required to assist the victim in investigating the case and gathering evidence. A legal professional might prove that the truck’s maximum weight exceeded the limit set by road laws. This threshold can be up to 20,000 pounds for a single-axle truck. This threshold is 34,000 lbs for two-axle trucks. Trucking companies may be held responsible if inspections fail to find problems or ensure proper maintenance. Material handlers could be held responsible for any damages caused by a failure to properly place equipment and objects on the truck bed. The manufacturer could be held responsible for defects in parts of the truck.

Truck Accident Legal Support for Victims

A trucking accident victim often needs to consult a lawyer to prove their liability and seek legal remedies. The victim will require compensation for medical bills, lost income, pain and suffering, as well as property damage. This action can be pursued by hiring a lawyer.


Updated 01/18/22