FAQs Related to Truck Accidents
Has your loved one been involved in a truck accident? A big rig accident can be very catastrophic, if not downright fatal. It will involve damage to property, bodily injuries, or even loss of life.
Big rigs and trailer trucks are a frequent sight in America’s highways. In a state like Nevada, it’s not uncommon to spot them on the roadways. With their size, they easily take up a huge space on the lanes. They have roaring engines, and they can be very intimidating. Especially when there’s a couple of them thundering down the road.
But these vehicles are a necessary means of transportation. Semi-trucks and trailers deliver many of America’s consumer goods. Without these commercial trucks, we would have empty stores in our neighborhoods and no supplies in our homes.
While they are absolutely needed for conveyance, trucks can be very dangerous. When they get into an accident, they cause massive destruction of properties. Oftentimes the devastation will also result serious bodily injuries, or even death.
If you or your loved has been involved in a big rig accident, you probably have a lot of questions in your mind. So here are answers to frequently asked questions related to truck accident cases.
May I know the statistics on truck accidents?
Because of its massive size, a big rig or trailer truck is more likely to cause serious injuries or death than an average car, not to mention great destruction of property. The U.S. National Highway Traffic Safety Administration reported that big trucks account for about 3 percent in injury-related crashes, which also includes destroyed properties. It also accounts for 8 percent of fatal crashes.
What is the process in determining fault in a big rig accident?
In determining who is at fault, the truck accident investigators will gather testimony from eyewitness as well as examine the circumstances present in the scene. Other factors that will be looked into include the truck and the driver’s condition at the time of the truck accident; i.e., was he tired, did he had enough rest prior, was the truck in good running condition.
Assuming it was the truck driver’s action that triggered the big rig accident, some trucking companies will try to avoid liability by claiming the driver isn’t in their employ. Who will be ultimately liable for truck accident will have to be determined and decided by the court.
Can I sue the truck driver for recovery of damages?
Yes, you may file a case for compensation against the truck driver. Initially he is the one liable, being the person who caused the injuries or damage.
However, the trucking company is the one who is ultimately liable. Following the doctrine of respondeat superior, the company (being the employer) is responsible for the actions of the driver (as employee).
To attach liability to the trucking company, it must be shown before the court that:
The driver was an employee of the company,
The driver was performing his lawful duties, and
The truck accident occurred in the course of his employment with the company.
Should I seek legal representation?
Yes, definitely. Any party, even if at fault, will try to avoid liability. In this case, the truck driver may or may not admit his fault or negligence. If he does, well, good; if not, it’s a legal battle to undertake.
Still, assuming the driver admitted fault, the trucking company will hire lawyers to avoid liability. It’s another hurdle to overcome.
Should you need a seasoned Las Vegas truck accident attorney, get in touch with Dan Lovell of Empire Law Group.