In Pursuit of Justice: Legal Remedies for Victims of 18-Wheeler Truck Accidents
Truck crashes can really hurt victims and their families. They have physical, emotional, and financial effects.
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ToggleClaiming compensation for the losses from a truck accident is crucial. It helps lessen the impact of the losses and sets the path for recovery.
Victims of truck accidents can get money not just through filing a lawsuit but also in other ways.
This article talks about how to get help after a truck accident and how an 18-wheeler accident lawyer helps you get money for what happened.
Common Causes Behind 18-Wheel Accidents on Road:
Driver Fatigue
Truck drivers spend long hours in cabins without windows. This makes them tired and more likely to have accidents.
Some drivers may ignore regulations limiting hours on the road, risking exhaustion. This can result in sleep deprivation and compromise safety.
Fatigue delays reaction time and impairs cognitive performance, reducing alertness. Errors may result.
Mechanical Failures
Trucks are complicated vehicles. They are used intensely for work, going beyond their usual limits.
Mechanical failures like brake malfunctions, tire blowouts, and sudden steering issues cause hazards. They can occur while driving.
Regular maintenance and inspections are crucial to identify and fix future issues.
The transportation industry should prioritize preventive maintenance. All vehicles must be in top condition before journeys.
Distracted Driving
Impaired driving due to distraction is a critical issue. All drivers, including truck drivers, must remain mindful of it.
Distractions such as texting, phone calls, eating, and arguments divert driver’s attention. This increases accident risk.
A diverting driver faces a higher risk. The truck’s size and occupants contribute.
Organizations can ban electronic devices while driving. They can provide driving risk training.
Poor Weather Conditions
Adverse weather, such as rain, snow, ice, or fog, can make roads unsafe, especially for big trucks.
Drivers are more likely to have accidents when they can’t see well and have less grip on the road. This can make it hard for them to control their vehicles in bad weather.
Types of Injuries Sustained by Victims of Truck Accidents:
Traumatic Brain Injuries (TBIs)
The aftermath of a truck crash can be severe, ranging from a concussion to serious brain damage. Injuries can cause cognitive dysfunction, memory defects, and motor skill deterioration. The consequences can be far-reaching.
Spinal Cord Injuries
A truck crash can hurt the spinal cord, leading to paralysis – either partial or total. The injury can make it hard for victims to feel or move their body parts below the injury site. This may mean needing a lot of therapy and medical care for life.
Orthopedic Injuries
Collision of the truck is accompanied by fractures, dislocations, and soft tissue injuries. The affected parts are mostly the limbs, back, and neck. These injuries cause long-lasting pain. This then reduces how well victims can move around and work.
The truck crash could hurt organs inside you. This might cause bleeding or bursting blood vessels, causing serious problems or death. Immediate medical care is urgent. It reduces risk and improves cure success.
Psychological Trauma
Surviving a truck accident can lead to PTSD, anxiety, and depression. Emotional damage may follow. Victims may fear driving. Memories may hinder functioning, causing relationship issues.
Overview of Personal Injury Law in the USA
In the U.S., personal injury law helps people who got hurt by others to get money for what they lost.
Personal injury cases with trucks fall under civil law. The injured person can sue for compensation, including medical costs and lost wages.
Specific Laws and Regulations Related to Truck Accidents
Truck accident laws are split into federal and state categories. At the federal level, FMCSA sets rules for trucks, such as how they can operate.
The regulations may include driver requirements, hours of service, vehicle maintenance. Cargo loading and equipment requirements are also covered. Additionally, state laws might require more rules for trucking businesses. This could involve limits on loads, speed specifications, and driver licenses.
Compliance with the rules is crucial if there is a truck accident to show who is responsible.
Failure to follow rules can lead to accidents and liability for damages. Truck drivers and companies must perform duties as required by law.
Role of Negligence and Liability in Determining Compensation
Negligence is crucial in deciding who is responsible and how much they should pay in a truck crash. When someone doesn’t take enough care to prevent harm to others, it shows negligence.
In the context of truck accidents, negligence can take various forms, including:
Driver Negligence
Truck drivers can be cited for negligence by violating road signs and regulations. They may also be cited for driving recklessly, tired, intoxicated, or distracted.
Trucking Company Negligence
Trucking companies are accountable for accidents caused by drivers’ negligence or inattention. They must perform background checks, enforce safety rules, and conduct routine maintenance. They should also ensure cargo is loaded and secured correctly.
Manufacturer Negligence
Truck accidents can happen if some parts, such as brakes or tires, are defective. The company that made or sold the bad product must pay for any harm it causes.
Exploring Potential Avenues for Compensation in Truck Accident Cases:
Insurance Claims
After a truck accident, victims can file claims with their insurance company. They can also file with the insurance company of the at-fault party. Victims can claim their insurance and the at-fault party’s insurance. They may constitute their claims.
Commercial trucking insurance is typically a must-have for these companies. It helps cover damages from accidents with their vehicles. Insurance claims can quickly compensate accident victims without the need for a lawsuit.
Workers’ Compensation
If a truck driver gets hurt at work, they might qualify for benefits from their employer.
Workers’ compensation helps pay for medical bills and lost wages if a worker gets hurt.
Compensation may include others involved in the accident. Definitions vary by circumstance.
Product Liability Claims
In situations where a truck accident is caused by a vehicle component that is defective or malfunctioning, for instance, the brake pads or tires, victims can file a product liability claim against the manufacturer or distributor who made or sold the faulty products.
Product liability laws hold owners and sellers accountable for faulty products. Buyers can sue without proving negligence.
Takeaway
Suffering a truck accident can have a devastating effect on one’s life. Discovering how to get compensation is freeing. It helps both sides recover emotionally, mentally, and financially.
You need a lawyer with a lot of experience in court to protect your rights and get fair compensation.
Because of that, we want you to get into action and address Mokaram Law Firm today.
Our law firm has skilled truck accident lawyers equipped to handle cases well. Contact us today at (281) 609-9224.
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