Commercial Trucking Liability in an Accident
When you’re the victim of a trucking accident, determining who is at fault and the exact cause of the accident is a more complicated process than an accident involving a passenger car. This is why having a personal injury attorney who specializes in trucking accident cases is a must. If you live in the Denver area, a Denver personal injury attorney can explain federal and state trucking laws in greater detail and explain your rights under those laws. It would be in your best interest to discuss your case with an attorney rather than negotiate a settlement with trucking company yourself.
Why Truck Accidents Happen
Driver error is the most common cause of truck accidents. Driver fatigue, driver distraction, driving while drunk or using drugs, reckless driving, overloading a truck or improperly secured cargo are just some of the dangerous mistakes truck drivers often make. Faulty or poor equipment is another major cause of truck accidents. Examples of equipment issues that lead to accidents include:
- Tire blowouts due to worn-out tires;
- Brake failure;
- Faulty steering;
- Inadequate or defective rear and side lighting;
- Transmission failure;
- Front brake removal or depowering, which can cause jackknifing
- Improperly attaching trailers
A truck driver’s failure to exercise good judgment when driving bad weather conditions and traffic signal failures can also cause accidents.
Significance of Federal Regulations
Federal trucking regulations established by agencies such as the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) set strict standards and rules that all commercial truck drivers, trucking companies and owners must adhere to. A seasoned Denver personal injury attorney has a thorough knowledge of these regulations, and they are instrumental in helping him determine the degree of commercial trucking liability as it pertains to your case.
Who May Be Liable?
Commercial trucking liability doesn’t always lie squarely on one person. Commercial trucking accidents have serious ramifications for a number of people other than the driver. When an experienced Denver personal injury attorney reviews your case, he will focus on the following key individuals:
- Truck or trailer owner
- Individual or company whom leased the truck or trailer from the owner
- Manufacturers of the truck, tires, brakes or other parts that may have contributed to causing the accident
- The loader or shipper of the cargo of the truck (to search for evidence of improper loading)
Finding an Attorney Who Can Represent You
Denver-based O’Connell Law Firm, P.C. brings 40 years of legal experience into each case they handle. These Denver personal injury attorneys have successfully represented many truck accident victims and will be happy to work to protect your rights and get you the compensation you deserve for your pain and suffering. The attorneys have a strong understanding of the complex legal strategies involved in truck accident cases, as well possess knowledge of federal and state trucking regulations and safety requirements. Time is of the essence, so do not hesitate to contact their office for a free initial consultation.
