Evaluating and Establishing the Cause of a Trucking Accident

Written by Legal Videos on . Posted in Injury attorney, Phoenix wrongful death attorney, Truck wreck attorney phoenix az

Phoenix az trucking accident attorney

Depending on where you live and primarily commute, it possible that you come into contact with numerous truck drivers, on a daily basis. There are a few freeways and commuting routes that are common for truck drivers. Driving a truck requires a lot of responsibility and driving knowledge. Minor errors or illegal activities during truck driving can result in serious injuries and vehicle accidents. If you were the victim of a personal injury that was sustained by a truck driving accident, you could potentially have legal rights.

Who was at fault?

Truck drivers often have different driving rules and regulations. Because it is much more difficult to operate a large commercial truck, there are usually increased driving laws. For example, the maximum speed allowed for truck drivers is usually less than that of a regular vehicle driver. Additionally, truck drivers are supposed to stay in the further right lanes, and avoid the left lane, even for passing. However, the specific trucking laws will vary by your state or location of the accident. Working with a truck wreck attorney can help you to better understand your state?s trucking laws and to establish who was really at fault.

If it is identified that the truck driver was doing something illegally, they are at fault. In most cases, you will find that the truck driver is at fault. They carry a greater responsibility and thus, are expected to make less driving mistakes. Your truck wreck attorney or personal injury attorney can better consult you on your legal rights from a trucking injury.

Additional illegal trucking activities

There are some driving activities that are illegal, whether you are a truck driver or a regular vehicle driver. A few examples of these illegal activities include drinking and driving, driving under the influence of illegal drug substances, and distracted driving. Truck drivers, however, often face more severe of charges, because they are working and because they are operating much more dangerous and heavy of equipment. The average weight of a semi truck is about 80,000 pounds, which is 30 to 35 times heavier than the average car. For this reason, many trucking accidents result in wrongful death cases.

Wrongful trucking death accidents require specific documentation and proof to successfully be entered into court. If wrongful death is present, it is crucial to have an experienced personal injury attorney. In order to win a wrongful death lawsuit, the person filing the suit must prove four things, duty, breach, causation, and damages. Proving all of these things requires further investigation and documentation practices, all things your personal injury lawyer can assist you with.

Truck company investigations

It is also possible for trucking accidents to be at the fault of the trucking company, rather than the truck driver themselves. A few examples of trucking company faults would be failure to thoroughly inspect a driver, failure to safely maintain trucking equipment, or poor training practices. When the fault is that of the trucking company, the legal process may be extended, but the damages are often higher. Your truck accident lawyer can help you with the legal process of filing a claim against a trucking company.

A common trucking company causes you may often hear about involves required driving routines. Many states set maximum driving amounts on truck drivers. This requires them to stop regularly along routes to ensure that they are getting enough rest. Yet, some trucking companies still require a set number of miles per day. These required driving times and standardized rest times sometimes do not add up, and the driver is required to drive more than it seen as safe. About 98% of all semi truck accidents result in at least one fatality. Work with your truck wreck attorney on identifying the cause of the trucking accident.

If you live in an area with a common trucking route, you have likely become used to driving among large, commercial trucks. However, trucking accidents do occur. When they occur, there is usually some cause, such as distracted, overly tired, or illegal driving. It is important to work with a truck wreck attorney to establish the cause of the accident and who is at fault.

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