Truck Accident Lawyer
Truck accidents can result in devastating consequences due to the size and weight of commercial vehicles involved. When these accidents occur, understanding the role of negligence laws becomes crucial in determining liability and seeking compensation for the damages incurred. There are important facts that claimants should know about how negligence laws are evaluated in truck accident cases.
Negligence and Duty of Care
In any kind of personal injury case, the legal concept of negligence is examined closely. It refers to the failure of an individual or entity to exercise reasonable care, resulting in harm or injury to others. Truck drivers and trucking companies have a duty of care to operate their vehicles safely, following traffic laws and regulations. When this duty is breached, and injuries occur as a result, negligence laws come into play.
Comparative Negligence
There may be multiple parties at fault in a truck accident case, which is a common occurrence. Comparative negligence laws come into effect when both the plaintiff (injured party) and the defendant (truck driver or trucking company) are deemed partially responsible for the accident. Under comparative negligence, each party’s degree of fault is determined, and the compensation awarded is reduced accordingly. For example, if the plaintiff is found 20% at fault, their compensation may be reduced by that percentage.
Vicarious Liability
In addition to the driver, trucking companies can be held liable in an accident if their actions amounted to negligence, as a truck accident lawyer like one from Davis, Johnson & Kallal can explain. This means that if a truck driver is negligent and causes an accident while performing their duties within the scope of employment, the trucking company may be held responsible for the damages. Vicarious liability is based on the premise that employers are responsible for the actions of their employees while they are acting on behalf of the company.
Federal Motor Carrier Safety Regulations
Truck accidents are governed by a specific set of regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA). These regulations establish standards for trucking companies and drivers, covering areas such as driver qualifications, hours of service, vehicle maintenance, and cargo securement. Violations of these regulations can be used as evidence of negligence in truck accident cases, strengthening the injured party’s claim for compensation. A claim can be strengthened if there is evidence found which suggest that safety regulations were ignored prior to a truck accident occurring.
Third-Party Liability
There are other parties involved which can be held liable beyond a truck driver and trucking company. Other potentially liable parties may include vehicle manufacturers, maintenance providers, cargo loaders, or even government entities responsible for road design or maintenance. When these third parties contribute to the accident through negligence, they can also be held accountable for the damages caused. Identifying all potentially liable parties is essential in maximizing compensation for the injured party.
By recognizing the concept of negligence and duty of care, the application of comparative negligence, the principle of vicarious liability, the influence of federal regulations, and the potential for third-party liability, accident victims can better navigate the legal process and seek appropriate compensation. Consult with a skilled and experienced accident lawyer who handles truck accident claims so that your legal rights can be fully protected.