The danger of trucks on the road is all too real for many drivers. These vehicles are large, heavy, and the damage they can inflict is significant. That is especially true when the accident occurs at high speeds, but an even lower-speed accident can lead to disastrous injury or death. David E. Gordon is a Board-certified personal injury attorney who is available to help you navigate the legal hurdles and recover for the losses you suffered through no fault of your own.
Responsible parties should be held liable for their negligent actions. To hold these people accountable, talk to a Bartlett truck accident lawyer and see if your case entitles you to monetary compensation through the legal process.
How Trucking Accidents Tend to Occur
There are numerous ways that a truck crash occurs and not all of them involve mistakes from the driver. Whether the negligent party is the driver, the employer, or someone involved in the manufacture or inspection of the vehicle, someone is usually responsible. These actions might be in violation of regulations or simply the reasonable standard of care that is expected of truck drivers and companies. A thorough investigation into how the accident occurred is necessary as part of any successful personal injury claim. Truck accident lawyers in Bartlett often find these incidents to be the result of:
- Truck drivers who are distracted or texting
- Overworked drivers
- Improper training or negligent hiring of truck drivers
- Improper maintenance of fleet
- Defective parts from the manufacturer
- Negligence in loading and balancing trailer cargo
The information needed to prove negligence in these scenarios can be difficult to acquire without professional legal help. David has experience in this kind of evidence-gathering, freeing up the client to focus on their physical recovery.
Truck Companies and the Theories of Liability
Most truck drivers are an employee of a larger company. Under a legal doctrine referred to as respondeat superior, an employer may be responsible for their employee’s negligent actions when it occurs during the course of the employee’s job. If a driver is negligent and causes harm while on the clock or engaged in other work activities, this negligent conduct may result in imputed liability directly to the employer. This can be useful in providing a larger pool of assets from which to collect compensation as compared to the individual driver. It is beneficial to find a truck collision attorney in Bartlett who can work a case from this angle.
Companies can also be responsible for their own direct negligence. Improper maintenance, poor hiring practices, overworked drivers, and defective trucks are the responsibility of the company.
Dealing with Overworked Driver Claims
The Federal Motor Carrier Safety Administration enforces rules and regulations for many aspects of trucking. Notably, it sets limits on how often drivers are allowed to get behind the wheel and for what duration. Several state regulations may also affect a truck driver’s hours behind the wheel. Unfortunately, too many trucking companies force drivers to overwork in order to meet unreasonable deadlines. This often results in a focus on profit over public safety, which can lead to a life-changing accident.
Discuss Your Legal Options with a Bartlett Truck Accident Attorney
Filing a legal action against a truck driver or trucking company can be complicated, and involves an understanding of complex procedural laws and dealing with the rules of evidence. David E. Gordon can guide you through this process and set you up to be in the best possible position for success. Contact an experienced Bartlett truck accident lawyer today for qualified help with your lawsuit.