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Truck Accidents: Causes and Proving Negligence

By Anderson Subscribe to RSS | February 7th 2012 | Views:

According to the statistical data provided by the National Highway Traffic Safety Administration’s (NHTSA) Fatality Analysis Reporting System (FARS), out of 40,797 fatal crashes recorded in the United States in 2009, 4,584 of them involved large trucks. They accounted 8 percent of all vehicles involved in fatal crashes. However, only 3 percent of them were involved in vehicle injury and 5 percent in property-damage-only crashes.

No one can refute the disastrous consequences in a truck mishap. Despite fatal truck accidents accounting for only a small percentage of all vehicle fatal crashes in the United States, a motorist is more likely to be killed in a truck accident than in an ordinary car mishap. Imagine the difference between the size as well as weight of a large truck and a sedan. Such a collision between these two vehicles will ultimately result to either serious or fatal injuries.

The worse thing that can happen in a truck mishap is when the large automobile carries certain items such as hazardous or flammable substances, which are the usual cargo items that these rigs carry. A collision between vehicles and a large truck with such items on board can result to a catastrophic accident, especially if the truck rolls over the pavement.

Causes of Truck Accidents

Truck accidents happen because of various reasons. These reasons can be attributed to car drivers. They usually commit mistakes when driving along the road with a truck in the vicinity. They usually ignore the fact that trucks are not the same as cars in terms of their capability to perform certain actions such as acceleration and braking. In addition, car drivers are not aware of “no-zones”, the trucks’ blind spots where the truck driver has limited, or no vision at all.

Truck accidents on the other hand, can also be attributed to truck drivers themselves. While they are professional drivers who carry cargo from one place to another, they usually face possible dangers on the road. Some trucking companies are not that skilled when it comes to handling their drivers. One example would involve the companies’ failure to provide proper training. Some drivers are also assigned to schedules that could in turn pose great risks since it sacrifices safety and satisfying the expectations of trucking companies.

Proving the Accident

This type of accident involves personal injury or even wrongful death. Typically, truck accidents revolve around the legal theory of negligence. For the victim or for their family to prove that the truck driver is negligent, they must establish that the erring driver has a duty of care towards motorists. They must also attest that the duty of care was breached and that it resulted to severe injuries or death of a loved one.

The liable party could be the driver, the trucking company or any other party that is involved in the accident. The damages that the injured party (claimant) is entitled to receive in this case are based on the physical, emotional and financial losses because of the mishap. In order for the victim or the victim’s family to receive these damages, they must seek legal representation from a reliable truck accident attorney.

Anderson - About Author:
Macky Anderson is web content writer by profession. He graduated from a reputable university with a degree in history. He writes articles regarding legal topics like Los Angeles injury Attorneys, Wrongful Death Attorney and everything about the law.

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