It’s inevitable – each and every year, accidents involving commercial trucks are bound to occur. The sad fact of the matter is that they are bound to cause serious injuries and even fatalities when they do occur due to the fact that commercial trucks are much heavier than passenger vehicles. Consider that they may also be carrying hazardous or flammable materials and you have a recipe for disaster! Now you can discover some facts surrounding commercial truck and vehicle accidents, and how very important it is that they be prevented.
What Makes a Commercial Truck?
A commercial truck is a vehicle that is widely used to transport commercial goods for a business. This can include such trucks as eighteen-wheelers, tankers, delivery vehicles, and other freight trucks. Commercial trucks are typically much larger than standard pickup trucks used for day-to-day life. They serve specific purposes and require a commercial driver’s license to operate.
- Caused by Passenger Vehicles: Driving in “No Zones” (areas behind and beside a truck where there is no visibility), changing lanes too quickly in front of a truck, merging improperly into traffic, failure to slow down or speed up when a truck is beginning to change lanes or merge, unsafe passing, driving between large trucks, or failing to get a disabled vehicle off the highway and onto the shoulder.
- Caused by Commercial Truck Drivers: Inadequate training for driving techniques, unsafe systems of compensation that encourage faster vehicle speeds or more hours on the road, and unrealistic schedules and expectations of trucking companies that encourage drivers to speed.
Would I Be Entitled to Sue the Truck’s Company For Injuries Sustained?
If you have been involved in one of these unsightly accidents, then you may be able to sue the truck driver’s trucking company for any injuries you received. However, it really all depends on whether an employment relationship was ever established between the truck driver and the trucking company in the first place. If a relationship can be proven, then the company will probably be held liable for the driver’s negligence and your injuries. However, if the truck driver was an independent contractor for the company, establishing liability may not come so easily. This will all depend on how much supervision of the truck driver can be proven.
What if I Was Partially At Fault For the Accident?
If you were involved in a truck accident and you were partially at fault, you may not be able to fully recover from an accident. It all depends on the degree of your fault, which will be assessed in court. “Comparative Negligence” is something that comes into play in a situation like this – this is the amount of the other person’s liability for the accident. It is determined when his or her carelessness is compared with your own. Modified Comparative Fault is where you can’t recover at all if your carelessness was either 50% or 51%.
For a free legal consultation, call (201) 585-9111
If you have become injured in an accident involving a commercial truck, you may have a claim. You should speak with an experienced attorney who understands complex injury law and can aid you in your case. Call MDL in New Jersey or New York for a free consultation, and get back to your everyday life!