Speed Related Trucking Accidents
When you are involved in a trucking accident, one of the things that your attorney must do is establish a cause for the accident. Using information from the scene, witnesses, the electronic box on the commercial vehicle, and other evidence, your attorney will establish what caused the accident so that the negligent party can be held responsible.
One of the factors that the attorney will examine is if the truck was speeding. A large commercial vehicle that is exceeding the speed limit is more dangerous than one that is obeying traffic laws. When you combine speed, size, and weight with an accident, you have a recipe for mass destruction.
If you’ve been in a truck accident and you believe the trucker was speeding, you should contact Rosengard Law Group truck accident lawyers now and get a free case evaluation.
Determining Fault In A Trucking Accident
Trucking accidents are more complex than an accident involving passenger vehicles. Federal and state laws regarding the trucking industry must be looked at to see if any violations occurred. Your attorney will also have to establish fault for the accident because, in the trucking industry, several insurance companies may cover one load and determining fault is crucial to determine who has to pay for the accident.
When a truck is moving cargo, there is probably one policy that covers the actions of the driver. If the driver does not own the truck, there is another policy that covers the vehicle. The cargo may be covered by the shipping company or the receiver, based on the contract. And finally, if the load is picked up from a third party, that party may also have covered the load because they packed the truck.
Speeding can be checked in many ways. Logbooks tracking miles drove, the truck black-box and even toll road information can determine if the truck was speeding at the time of the accident. If this is the case, the insurance company for the driver will be held responsible for the accident.
In addition to speeding, improper loading of cargo is also a major factor in trucking accidents. Trucks are required by federal law to be packed in a certain way so that their lads are not too heavy for the truck or the roads. Cargo must not exceed weight limits per axel or for the entire trailer. Cargo also must be properly secured so that it does not shift while traveling. Shifting cargo can cause the driver to lose control of the trailer.
Cargo that is not secured properly on flatbed trailers is even more dangerous. Flatbed trailers are often used to carry heavy machinery and larger items that cannot fit into an enclosed trailer. If this type of cargo comes loose and falls, all the vehicles and pedestrians near this truck are at risk.
Other issues that could have resulted in the accident include improper maintenance of the truck, mechanical failure, and other driving violations by the driver, such as driving drowsy, distracted driving, or driving under the influence. Your attorney must investigate the accident thoroughly so that fault can be established.
Contact A Trucking Accident Lawyer
In addition to establishing fault for an accident, hiring a truck accident attorney will also be beneficial to you in many ways. Your attorney will represent your claim to the insurers and negotiate for the best possible settlement package. Your lawyer will also manage all interactions with the insurance company, giving you peace of mind that your case is being handled properly. When your lawyer is managing your claim, you can focus on your recovery.
Related article: Trucking Industry Hours of Service Regulations