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Your Rights in a Truck Accident Sponsored Links

Your Rights in a Truck Accident

Truck drivers are usually skilled professionals but when truck accidents occur they can be devastating.

By Patricia Woloch
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Truck drivers are usually skilled professionals but when truck accidents occur they can be devastating. The collision between an 18-wheeler and a car can cause catastrophic injury or death.

Common causes of truck accidents

Some causes of truck accidents can include:
• Drivers who are on the road for too many hours without sleep
• Poor driver training
• Oversized or overloaded trucks
• Poor weather conditions
• An improperly maintained vehicle, e.g., defective brakes, tires, or lights
• Aggressive driving, e.g., speeding or aggressive lane changes
• The influence of drugs or alcohol
• Drivers ignoring traffic regulations
• Laws for trucks

Truck drivers are subject to the same laws as car drivers and then some. Laws unique to trucks (18-wheelers, semi trucks, tractor trailers, and other large commercial vehicles) include:
• Federal trucking regulations (governed by the Department of Transportation or DOT)
• State laws

For example, there are laws that regulate:
• The number of hours a truck driver can drive at a time
• How vehicles are maintained
• Truck size and load weight
• Truck routes
• Containment measures and signs, if a truck is carrying toxic chemicals
• Loading and unloading of trucks

Failure to obey one or more of these regulations can play a role in determining fault in a truck accident case.

Who can be sued in a truck accident?

A truck accident or truck collision can involve more than you and the truck driver. Other parties who can be implicated include:
• The trucking company
• The truck manufacturer
• A seller of truck parts

Sorting it all out can require the help of an experienced truck accident attorney.

Determining fault in a truck accident

You should only talk about fault with your truck accident attorney, no matter how tempted you are to discuss what’s just happened at the scene of the accident. Odds are there will be a representative of the truck company there hanging onto your every word. This person will not have your best interests at heart.

Fault is a complicated issue and a legal determination of fault depends on the laws of your state.

Contributory negligence states (Alabama, Virginia, Washington DC, Maryland, North Carolina): If your injury and/or damages are due in part to your own negligence, you may not be able to collect any damages (i.e., even if you are only 2% at fault, you may not be able to recover damages).
• Comparative negligence states (the remaining states): Your damages can be reduced by the degree to which you contributed to an accident (i.e., if you are 10% at fault, you may recover 90% of your damages).

While at the accident scene, write down:
• The truck driver's name
• Driver's license number
• License plate number
• The numbers of the cab and trailer

You should also exchange insurance information. Speak to a truck accident lawyer with expertise in the laws of your state as soon as possible. Do not sign anything without obtaining the advice of a truck accident attorney first.

If you live in Alabama, Tennessee, Georgia or Florida and have questions about truck accident laws, please visit the website of Burke, Harvey & Frankowski, LLC today.

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