Special Factors in Truck Accidents
Truck accident cases, like other vehicle accidents, are governed by the law of negligence, which means that a person or business entity is considered negligent if they fail to exercise reasonable care and their actions lead to accident and the resulting injuries.
Hence, to show negligence, an injured victim of a truck accident, must show the following elements:
- That the driver or truck company owed the victim the duty to exercise reasonable degree of care
- That the driver or truck company failed to exercise such duty
- That the failure to exercise care has resulted in the victim’s injuries
Liability in Truck Accidents
The truck driver may not be the only person who can be held legally responsible in a truck accident. Under the doctrine of “respondeat superior”, trucking companies, contractors and employers of the truck driver can also be held liable for the victim’s injuries, especially if the accident occurred in the course of their employment relationship or at work. However, establishing liability of a third-party company may be difficult if the truck driver is an independent contractor of another larger company.
In some cases, a manufacturer or shipper of hazardous materials may also be held liable for injuries that were caused by the type of cargo material being transported or loaded. For instance, if a shipper fails to advise a truck driver of the hazardous material contained in freight, the shipper may be liable for injuries if the load causes fire, explosion or leaks.
Special Factors
Unlike ordinary cars and other vehicles, trucks - especially large commercial trucks - operate differently and are exposed to dangers that no ordinary vehicles commonly experience.
- Jackknifing – This happens mostly to large trucks such as 18-wheelers, especially during turns or sudden braking. Jackknifing is considered non-negligent especially if the jackknifing was due to unforeseen factors such as slippery road or an abrupt turn to avoid a motorist or a stalled vehicle in the highway.
- Turning accidents – Large commercial trucks are sometimes difficult to maneuver. When making turns, long trucks sometimes have to use two lanes to make a turn. For others, this manner of driving may not be negligent but some courts held that occupying two lanes is enough to establish a truck driver’s fault.
Damages
Victims of truck accidents are entitled to receive compensation for the physical, emotional and financial losses incurred from the accident. These include compensation for medical expenses (past and future), lost of income or earnings, pain and suffering and sometimes, punitive damages.
In evaluating a claim, it is necessary for the victim to take the services of a skilled truck accident attorney who will consider all the factors in the accident and the aspects of the loss and injury that the victim has suffered as a result of the accident. In this way, a lawyer can ensure that the victim will receive the fair and maximum compensation that he deserves for his injuries.
