In the aftermath of a truck accident, you might be worried about how you’re going to make ends meet and find accountability. This is no small task, especially when you’re dealing with aggressive defense attorneys and hesitant insurance companies. Yet, through thorough preparation, you can find a way to develop a persuasive legal strategy that positions you as strongly as possible for achieving the outcome that you need and deserve.
And while a lot of truck accident cases are based on simple negligence, such as a trucker’s failure to stop or speeding, there may be other factors that contributed to your accident that you can’t overlook. Here are some of them:
- Hours of operation violations: Under federal regulations, truckers can only operate their rigs for a certain number of hours per day and per week in accordance with the hours of operation that have been established. For example, a trucker can only drive for 11 hours after coming off of 10 hours off-duty, and he or she can only drive for a total of 60 hours in a seven-day period or 70 hours in an eight-day period. There are also regulatory provisions that speak to mandatory rest periods and time that is to be spend in a sleeper berth. Trucker swho fail to abide by these regulations can end up fatigued and tired, which can increase the chances that they’ll cause a truck accident.
- Improper truck maintenance: There are also a number of regulations pertaining to semi-truck maintenance. While each rig is required to undergo a routine annual inspection that is thorough and comprehensive, drivers are also supposed to conduct an end-of-trip inspection. These latter inspections should identify defects or repairs that need correction, and truckers are required to report those issues to the truck company. The truck company is then required to repair those defects before releasing the truck back onto the roadway. If the company fails to do that, then a dangerous rig could suffer a complication, such as a tire blowout, that results in a serious wreck.
- Inappropriate cargo securement: Flat-bed semi-trucks oftentimes carry heavy cargo that, once slipped free, can cause all sorts of havoc on the road. That’s why federal regulations also speak to how cargo on these trucks is to be secured. These regulations oftentimes specify the number of tiedowns that are required in light of the cargo’s length and weight, and the regulations may also dictate which type of cargo securement apparatus is to be used.
- Missteps in hiring and training: In order to operate a rig safely, a trucker has to be qualified and well-trained. That sounds simple enough, but the truth of the matter is that trucking companies oftentimes cut corners that put motorists at risk. This is true in the hiring and the training processes, where individuals with poor driving records may be given a job and then released onto the roadways with very little, if any, guidance on how to operate a semi-truck in a safe fashion. When one of these drivers causes a wreck, then you may be able to use this information to your benefit in a personal injury action.
Build the compelling legal claim that you need to support your position
Although a lot of truck accidents have similarities, each case is unique. That’s why you can’t take a cookie cutter approach to your claim. Instead, you need a custom-tailored approach that diligently analyzes the facts of your case and competently applies the law to them in a way that leads to persuasive legal arguments. If you want that kind of advocacy on your side, then now may be the time to discuss your circumstances with an attorney who is well-versed in this area of the law.