Truck accidents are very different from car accidents because, as you’ll see further down the article, they are regulated by both state and federal laws. This can make it quite hard to determine who is to be held responsible for damages when such an accident should occur. This is why the most common question is whether the truck drivers are responsible. Here are some insights into the regulation of the trucking industry, as well as when the truck drivers are responsible.
State and Federal Regulation of Trucking Industry
Commercial trucking is a highly regulated business because of how bigger trucks are when compared to regular cars. The main purpose of these laws is to protect civilians and anyone that has been a victim of a truck accident, and because of the extra regulation needed, they include both state and federal laws. This also means that if a truck was involved in an accident, any kind of violations that go against these laws might be used as a basis for a negligence lawsuit. The Federal Motor Carrier Safety Administration is in charge of the trucking regulations on the level of federal laws, and these regulations are most commonly based on the number of hours a truck driver is allowed to drive in one sitting per day. On the other hand, state trucking regulations cover plenty of laws that differ from state to state. These include the proportions and weight regulations of trucks and trailers attached to them.
Liability In Truck Accidents
After you’ve suffered through a trucking accident, your lawyers and your insurance company will look for someone to hold liable for the incident. You must remember that more than one person can be liable for accidents involving trucks. In addition to this, laws that are specific to each of the states will determine where liability is placed. In specific types of truck accidents called “jackknifing” where the driver has to make a sudden turn so they don’t crash into other vehicles on the road, he isn’t likely to be held liable. Another distinctive situation where the driver is most likely to be held liable is the accidents during turning. Since trucks are very large they require two lanes to make a turn, and if they cause an accident during this process, the liability will be completely on them, and no one else is involved.
Securing you don’t lose anything financially when something like this occurs should be your priority. Companies like to go here and click for commercial truck insurance to provide a tailored insurance package that fits your truck’s needs and coverage for damages, regardless of who is deemed responsible. Additionally, if the driver was employed by a company at the time of the accident, their employer could also be held liable under vicarious liability laws.
The Jury Will Rule Who’s Responsible
You are probably wondering whether the truck driver is always responsible for damages. The shorter answer is to consult a truck accident lawyer from your local area. However, for the sake of determining liability, we will clear up how you can determine who was responsible. This is far from easy in some instances, which is why the first instinct should be to ask for legal help. And sometimes even an accident reconstruction expert will need to recreate how the accident you were involved with happened. Furthermore, it’s important to note that more than one person can be held responsible for damages. The jury can divide the fault in any combination of percentages, for example, 50/50, 70/30, etc. If the jury rules that the truck driver is 100% at fault and awards you $500,000 compensation, that means you get all of the compensation awards for yourself.
What About Property Damage
If your vehicle hasn’t suffered any particularly harsh beating as a result of a truck accident, the most likely scenario is what the insurance company will cover the cost of the repairs, and once your car gets fixed, the truck insurer will pay the bill, if they’ve been found guilty. On the other hand, and this is unfortunately how it usually goes down, if your vehicle is totaled and the cost of the damage is very near or above the value of the vehicle itself, you will usually receive the blue book value of your car during the settlement process. It’s important to consult your lawyers on the specific details of the accident because truck accidents are very different from typical car accidents because they involve federal laws too. This is why you should look for experienced lawyers who specialize in truck accidents, so you could stand a better chance of winning a settlement award.
Truck accidents are no joke because they can cause serious injuries and damages. This is why they are also regulated by federal laws. Whether or not the truck drivers are responsible for damages will depend on many factors and in some instances you will need experts to recreate how the accident occurred to better place fault. It’s also worth noting that professional legal help in these situations is crucial, as these cases are complex to navigate.
