While the automobile industry has come pretty far regarding road safety, accidents can still happen due to human negligence or machine failure.
The consequences of a collision between an 80,000-pound commercial big rig and a 3,000-pound passenger car are always severe. These collisions result in fatalities because of the size and weight disparity between commercial trucks and passenger cars.
It’s not simple to determine who is at fault in a truck accident. In contrast to a straightforward traffic collision, there are many more factors, including the driver, the truck’s owner, the organization that rented the truck from the owner, and numerous more. Therefore you need assistance from highly qualified lawyers who can be a valuable resource in recovering damages. If you need more guidance over truck accident lawyers, you can visit https://derekwilsonlaw.ca/hamilton-truck-accident-lawyer/.
Who Fault is it in a Truck Accident?
According to road accident data, truck drivers are responsible for most on-road trucking accidents. Nevertheless, there may be several people or entities responsible for a crash which may include: The truck driver, the trucking business, the maintenance company, the manufacturers, the shipping company, and more.
Several government regulations aid the determination of liability. Every trucking accident involving a truck with the owner’s name is the responsibility of the trucking permit holder.
Additional federal and state requirements require safe handling of hazardous waste, maximum weight restrictions, quality control of trucks, and adequate rest for drivers. Negligence of these rules means violation of law, which in turn establishes liability.
What if the accident was partially your fault?
Sometimes, one driver is completely at fault while the other is not, but that doesn’t happen every time. In truth, it frequently happens that both drivers may be partially at fault. But that doesn’t necessarily imply that you lose a position to recover. Your responsibility for the accident, the state you reside in, and the place of the accident will determine whether you are eligible for the compensation or not.
Commercial Driver’s License (CDL) Violations
Commercial vehicle drivers receive training to operate Commercial Motor Vehicles (CMV). All CDL drivers are subject to tight regulations, and breaking those regulations can result in fines or the loss of their CDL. Both criminal and driving-related offenses can result in disqualification.
The following are termed “severe violations” that can result in disqualification, according to the Federal Government:
- Going over 15mph which is the posted speed limit
- Unpredictable lane changes
- More than once, following another car too closely
- Driving erratically
- Distracted driving (texting or speaking or someone on the phone, eating while driving, etc.)
- Traffic infraction that may result in a grave accident
- Not having a CDL license and operating a commercial vehicle
- Driving a CMV while not in possession of a CDL license
To succeed, you must establish liability and responsibility for your injuries in a truck accident case. To establish liability, you must show that one of the parties to the accident violated the law, contributed to the accident, and acted negligently.
Truck drivers don’t typically have extensive insurance coverage. Even though they may have contributed to the collision, this may not be the only factor. To decide who is ultimately responsible for the accident and your injuries, your lawyer must look into every aspect of your case. A thorough analysis will determine the imperative legal action.