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Understanding trucking accidents and the law

| Apr 18, 2020 | Uncategorized |

Commercial trucks are a vital part of this country’s economy. They are extremely useful due to the amount of goods they can transport with relative ease. Truck drivers are to be commended for all that they contribute to all of our daily lives.

However, this benefit doesn’t mean that commercial trucks on the roadways don’t pose a significant amount of risk to other drivers around them. When a regular passenger vehicle gets into a trucking accident, the results can be devastating simply because of the size and weight differences between passenger vehicles and commercial trucks. Civil claims here in Colorado involving commercial trucks may be difficult to navigate. Here are several basic ideas that may help you and your family if you’re ever involved in a crash with a truck.

Regulations you may not think about

Most people pursuing a trucking crash case think of the need to prove that the truck driver or trucking company is to blame. But there are other regulations that many trucking companies fail to follow that may play into your civil claim. Some companies don’t ensure that their drivers have commercial drivers’ licenses, meaning that the driver may not know how to properly operate the truck. The company may also deter its drivers from taking regulated rest breaks, and a tired driver may be more likely to cause a crash.

Companies may be negligent with the trucks themselves. They may not do routine and regulated inspections of the trucks to check for defects. Sometimes, they will load cargo in amounts too heavy for the truck to handle. They may even transport hazardous waste in an unregulated and unsafe way. Any of these possibilities could lead to injury if you get into a truck crash.

What the case could look like

No matter the reason, establishing liability is the focal point of a trucking accident civil claim. That means that either the truck driver or the trucking company is found to be at fault for your injuries or the loss of your loved one. For example, negligence can happen when a driver or company breaks the law or if the company fails to follow certain procedures like conducting background checks on drivers. There are other legal theories that may apply as well that could help you establish liability.

There are certain expenses you may receive compensation for in the form of monetary damages. These could include medical bills, lost wages, pain and suffering, and others. If the accident resulted in a fatality, damages may include a loss of companionship for those who lose a spouse or loved one or other special damages.

Know your rights

Cases involving trucking accidents have many factors to consider. This is why it is imperative that you speak with an attorney if you or a loved one gets hurt in this type of crash. You have more legal rights than you may realize. 

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