There is a stark difference between an accident involving a motor vehicle and a commercial truck. The fact that most of these trucks weigh five tons unloaded is only one of the reasons why they are unique. Getting into a collision with a vehicle of that size can be catastrophic. Additionally, several other variables get pulled in a personal case based on an accident you got into with a truck.
To understand how they differ, consider the reasons behind your typical car accident. A motorist may have been texting and driving, a traffic law was ignored, or the road was wet or icy. Granted, a trucker isn’t immune to any of those, but several factors could create a dangerous situation for other drivers. Their cargo could become unsecured, the trailer could jackknife, or the hazardous materials they are transporting could spill or leak.
There Are Other Parties Involved
Determining fault is a key component of winning a personal injury case. Doing so becomes slightly more complex when a truck is involved. Even though the trucker was operating his commercial vehicle during the time of the incident, they may not be the cause of it. For instance, if the driver fell asleep at the wheel, was the company that owned the truck forcing their drivers to bypass rest breaks mandated by the Federal Motor Carrier Safety Administration (FMCSA)? If the cargo became loose, who was responsible for securing it? For example, this may have happened in the past, and the trucking company didn’t implement a system or process to correct it.
Trucks are subject to additional laws and regulations set forth by state and federal governments. Whereas a person who operates a car does not have to submit to drug and alcohol testing as part of the stipulations associated with holding a license, a truck driver does. The Department of Transportation also identifies nine different classes of hazardous materials, and they control how these are supposed to be handled.
A Need for Urgency
There’s a three-year statute of limitations tied to your trucking accident (two if it involves a lawsuit against the government). However, the quicker you meet with an attorney, the better the chance they will have of successfully identifying the factors that caused the accident. Not only will you have to look at the truck driver’s actions, but your case may depend on which company owned the truck, who manufactured it, the people that loaded the truck, and perhaps who the truck was leased from.
The key to remember is that you cannot allow your claim to get cold by waiting. In other words, there are several ways in which your attorney can uncover details to assess who was at fault for the accident and why. The longer you wait, the harder that task becomes. Truck accidents can cause significant injuries, and you can improve your chances of obtaining the compensation you deserve by contacting an attorney as soon as you are safe.
Get in touch with the experienced and dedicated personal injury attorneys at Cate & Brough if you have been in an accident with a truck. You have too much at stake, and we want to help you find the resolution you deserve.
Cate & Brough, P.A.
