Accidents between “big rigs” and standard automobiles are on the rise, and they can result in tremendous damage and injury, making it more important than ever for a victim to consult an 18 wheeler accident lawyer to file a claim. There are a number of methods of determining fault in accidents with big rigs which are not commonly known or used in standard vehicle accidents. It may take an experienced 18 wheeler attorney to find the evidence a victim needs to pursue their case.
Causes of 18 Wheeler Accidents
There are a number of causes of truck accidents, many of which a standard vehicle driver is unaware. A better knowledge of these causes can help car drivers to be more cautious and avoid some truck accidents.
- Driver error
- Faulty equipment
- Poor maintenance
- Improper trailer attachment
- Poor cargo loading
One of the greatest weaknesses a truck driver has is a “no zone” or blind spot where they cannot see a passenger car. These exist in the front, side rear, when backing up, and during a right turn. If a passenger car driver is more careful to give the truck room in these areas, many accidents can be avoided.
Determining Fault
There are a number of entities that can be at fault in a truck accident, including:
- The truck driver
- The owner of the truck or the trailer
- Someone who may have leased the truck or trailer from the owner
- The shipper or cargo loader
- The manufacturer or the truck or its equipment
Those entities can vary with every truck, and at times, the very appearance of a truck can be deceiving, as they often show a placard of the lessor rather than the driver or owner.
For those who know where to look, there are a number of ways to learn exactly what happened just before and sometimes even during the accident:
- By federal and state regulation, a certified truck inspector must inspect any commercial truck and trailer that is involved in an accident before it is removed from the scene. This inspector can often be found through the reconstruction division of the state police. This inspection does not become part of the police report, but must be obtained from the inspecting or state authority.
- Most trucks now contain a “black box” similar to those found in airplanes. It contains information about how the truck equipment was running prior to the accident, the speed of the truck, regular patterns of speed for that truck and driver, brake use, and how long that truck was on the road before the accident. This data must be obtained quickly, however, before the data is erased.
- Both a truck driver and their employer must maintain driver logs by law. These logs may reveal any level of driver fatigue that could have contributed to the accident.
Getting Legal Help with 18 Wheeler Accidents
These accidents are unique and often very destructive. In addition, they are far different from a passenger car accident. It can be vital to consult an attorney skilled in obtaining the evidence of liability for the accident, as well as exploring many avenues with which lawyers in other fields may not be familiar. This may be the only way for some victims to file a successful claim for their injury and property damages.
