What to do when a trucker’s negligence caused your injury

Trucking is one of the most common jobs in the world. In 2019, there were about 2.03 million trucking jobs, with an expected increase of 30,600 jobs by 2029. As the number of trucks on the road increases, the chances of trucking accidents rise, too. Trucking accidents can destroy your car and result in serious health complications. The problem with proving a truck driver’s negligence, however, is that trucking companies, along with their insurers, will never willingly admit that the truck driver was the one at fault. They will do everything in their power to undermine or deny your claim to avoid paying you fair compensation. Places like Colorado Injury Law can assist you in handling things related to the accident so you can focus on your recovery.

Here’s what you can do when a trucker’s negligence causes your injury.

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Understand the situation

The truck driver cannot be held accountable for negligence unless they do something that violates their duty of care as a truck driver. Driving under the influence of drugs or alcohol is prohibited for all drivers. However, truck drivers usually have more rigid blood alcohol concentration limits than other drivers. For example, car drivers can be arrested if they have a blood alcohol concentration of 0.08, while truck drivers can be arrested for having a blood alcohol concentration of 0.04.

Drivers who surpass the speed limits set for their vehicle or commit any other traffic violations can easily lose control over the truck and are therefore considered negligent. If the driver is considered to be reckless or aggressive, showing signs of “road rage,” they can result in numerous accidents and are considered negligent. They also have many blind spots that they should always account for. If a truck driver switches lanes without considering those blind spots, they may cause major accidents. Drivers who take part in distractions such as calling or texting will be held responsible for car crashes.

There is a strict limit to the number of hours a truck driver can work. Some truck drivers knowingly surpass these limits to complete more deliveries faster. It is also the truck driver’s responsibility to inspect the truck before driving it. If the accident is a result of a mechanical issue that could’ve been identified, the driver will be held responsible. If the driver doesn’t receive proper training before taking the truck on the road, it is also considered negligence.

Investigate the accident

Make sure that you consult an attorney as soon as the accident occurs. An attorney will objectively inspect the scene and build a strong case after evaluating and identifying the cause of the crash. The semi-truck accident attorneys at https://www.herrmanandherrman.com/trucking-accident-lawyers/ advise victims to contact an attorney quickly because the insurers of the truck company will act fast to prove the trucker’s innocence by having investigators and adjusters dispatched to the accident scene. Your attorney needs to be there to help you prove that your injury was a result of a trucker’s negligence.

Prove the Trucker’s negligence

You must understand the situation and identify the type of negligence that the trucker has committed. This will give you a basis for raising a negligence claim. First, you need to claim that the driver has a duty of care to operate the truck safely and that they failed to do so by breaching that duty. Then you have to prove that their negligence resulted in the accident, therefore causing you injuries and damages. Usually, trucker’s negligence cases can be resolved through settlements. If this is the case, you just need enough leverage to receive a good settlement. If not, and the case proceeds to trial, you may have to submit further evidence of lost income, medical bills, suffering, and pain.

Hold the Trucker’s employer liable

Trucking companies can be held liable for a trucker’s individual actions. For instance, if a trucker is driving under the influence, the trucking company can be held liable. This is because the company is responsible for hiring the wrong person for the job in the first place. They will also be responsible for negligence that they should be aware of, like hours of service violations.

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Trucking accidents, unfortunately, are prevalent, and they often result in serious injuries and damages. These injuries and car damages usually in the way of the victim’s work and prevent them from taking part in many activities. In addition to the costs of medical bills and car repairs, the victim’s paychecks and salaries will be affected. This is why they must be compensated for the trucker’s negligence. However, proving negligence isn’t always easy since the trucking company and their insurers will do their best to refute your claim. This is why you should follow the steps listed above to prove the trucker’s negligence.

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