Truck accidents are an unfortunate reality on our highways, often resulting in significant injuries and even fatalities. Due to the massive size and weight of these vehicles, collisions with trucks can lead to devastating consequences.
Determining fault in these accidents frequently hinges on proving one essential factor: the duty of care.
What is Duty of Care?
Duty of care refers to the legal obligation to act with a certain level of caution and responsibility to avoid harming others.
In truck accident cases, this duty applies not only to truck drivers but also to trucking companies. These companies have a responsibility to ensure the safety of their vehicles and drivers. When they fail in this duty, they can be held liable for accidents and the resulting injuries.
If you’ve been involved in a truck accident, it’s crucial to understand how duty of care impacts your case and the steps you need to take. Consulting a truck accident injury lawyer is a smart move to help you through the complex legal process.
How is Duty of Care Breached?
Truck drivers and companies have a legal obligation to ensure that they operate their vehicles safely. Unfortunately, breaches of this duty are not uncommon, leading to serious accidents.
Common breaches include:
- Inadequate Vehicle Maintenance: Trucks need regular inspections to ensure they are safe for the road. Failure to maintain brakes, tires, or other essential components can lead to mechanical failures and accidents.
- Poor Driver Training: Trucking companies must ensure their drivers are properly trained and licensed. Drivers who are not adequately prepared are more likely to make critical errors on the road.
- Driver Fatigue: Truck drivers are often under pressure to meet tight deadlines, leading them to drive for long hours without adequate rest. This increases the risk of fatigue-related accidents, which is why the FMCSA regulates the number of hours drivers can legally work.
- Negligent Cargo Loading: Properly loading and securing cargo is essential to prevent load shifts that could cause a truck to become unbalanced or overturn. Poorly loaded trucks pose a significant danger to all road users.
Establishing Duty of Care in a Truck Accident Case
When involved in a truck accident, proving that the truck driver or company breached their duty of care requires gathering strong evidence. This often includes obtaining maintenance records, driver logs, and any communication between the driver and their employer.
Additionally, it’s essential to collect witness statements and, if possible, video footage of the accident.
In simple words, it involves four elements:
- Proving duty of care
- Failure to uphold the duty of care
- Failure of duty of care caused your accident
- You suffered damages
You would also need to determine what caused the truck accident. All of this may get a bit overwhelming if you’re not familiar with the legalities and official requirements.
An experienced truck accident lawyer can help investigate your accident, from analyzing the truck’s maintenance history to uncovering any potential safety violations by the trucking company.
Get the Right Compensation for Your Loss
Truck accidents are complex cases that often require the expertise of legal professionals familiar with both federal and state regulations. Some of the documents that you need to secure if you’re thinking about making a case, whether aiming for a trial in court or looking for a settlement, include:
- Medical bills, including hospital bills, surgeries, rehabilitation, physical therapy, and any long-term medical care.
- Proof of loss of income due to the inability to work during recovery.
- Maintenance bills of your vehicle
You can also get punitive damages and add more compensation for emotional suffering and wrongful death.
So if you or a loved one has been injured in a truck accident, it’s best to at least get your rightful compensation from the party responsible. Working with an experienced truck accident injury lawyer can help you build your case and get your fair compensation.
