Normally, when one learns that there has been a truck accident, they automatically assume the trucker was at fault. In general, people don’t like to share the road with truck drivers. The idea of a machine that big barreling down the highway can be quite intimidating. The truth, however, is that anybody can be at fault in a motor vehicle accident. If it was that easy, Tucker truck accident lawyers wouldn’t need to sue the truck driver. They would just file their insurance claim and payment would be guaranteed.
In the real world, truck accidents happen for a variety of reasons. Of course, most of the time, the trucker is the one at fault. For example, if a truck driver is carrying a load that is too large for their truck, it can cause the truck to overturn, smashing into several vehicles as it does so. Or the truck driver is coming off a ten- or twelve-hour shift and is just tired beyond belief. Our truck accident attorneys in Tucker have seen it all.
Here, we will explain how fault is determined in a tractor trailer accident. We will also explain what your Tucker truck accident lawyer needs to do in order to prove fault. If you still have questions about your own truck accident, give us a call. We offer all new clients a free, initial consultation. This gives you a chance to sit down with a seasoned truck accident attorney in Tucker and tell them your version of what happened. If they believe your claim has merit, they may be willing to represent you. If, however, they don’t feel your case is strong enough, they’ll let you know. The last thing we’d want to do is get your hopes up for no good reason.
The Truck Driver is Almost Always at Fault in Tractor Trailer Accidents
It is true that truck drivers are responsible for most tractor trailer accidents. Just their sheer size can make it difficult for the driver to navigate their vehicle on the busy roads. In fact, truckers are held to a much higher standard than other drivers for this reason. When you are driving your personal vehicle, the only laws you really need to follow are the local traffic laws. However, if you drive for a living, you need to follow the federal regulations as well.
If your Tucker truck accident lawyer can prove that the defendant violated either a traffic law or their federal trucking regulations, you may have a case for damages. For example, if the trucker didn’t maintain a log showing how many miles they had driven, it may be considered negligence. The same is true if the trucker did not take the breaks as required by law. Your truck accident attorney in Tucker will do their best to prove that the other driver was at fault. They understand that this is the only way you’ll be able to collect damages.
Your Tucker Truck Accident Lawyer Will Have to Prove Fault
As with any other motor vehicle accident, your Tucker truck accident lawyer must prove that the trucker was negligent. This isn’t as easy as you may think. In order to collect damages, your lawyer must demonstrate the following:
- The truck driver owed you a duty of care – This shouldn’t be all that hard to prove. All drivers owe other motorists a certain duty of care. For example, the trucker must not only follow the local traffic laws, but they also have to abide by the federal regulations.
- You have to be able to show that the defendant breached this duty of care – This is how your Tucker truck accident lawyer earns their stripes. They need to find something specific to what the trucker did (or did not do) that caused the crash.
- Obviously, you need to demonstrate that you were injured – It isn’t enough that you were involved in a truck accident. You’ll have to prove that you suffered a specific injury. For example, if you broke your arm or leg during the crash, this would be considered an injury. Any damage to your vehicle would also qualify as an injury of sorts.
- Finally, your truck accident attorney in Tucker must prove that your injuries were caused by the defendant’s breach – As long as you went to the hospital right away, this shouldn’t be all that hard to prove. It becomes a problem when you wait days or weeks to be seen by a doctor. If this happens, the trucker’s attorney is going to argue that something other than the crash caused your injuries.
Most People Have a Certain Bias Against Truckers
The truth about truck accidents is that most people just assume the truck was at fault. They see those giant machines on the road, carrying their huge load, and are just waiting for something to go wrong. Perhaps they jackknife, taking a slew of cars with them. Or they may swerve into a lane of traffic, crashing into one or two other motorists. These are the kinds of things that can lead to multi-car accidents. You don’t want to be on the receiving end of this kind of collision.
Let Your Tucker Truck Accident Lawyer Handle the Legal Side of Things
As important as it is that your Tucker truck accident lawyer prove fault, there’s a good chance your case will settle. Very few of these cases ever make it to trial. That’s because trials are expensive and time consuming. Plus, there’s the chance that you could lose. Rather than risk this happening, call one of our truck accident attorneys in Tucker. We offer all new clients a free, initial consultation so you have nothing to lose. If you decide you want to retain our services, we will get started right away. We will first reach out to the insurance carrier and find out why your claim wasn’t approved in the first place. If they still refuse to pay your claim, we can always file a lawsuit against the driver and the company they work for. While this is a last resort, it may be the only option you have.