Commercial trucks are obviously much larger than cars; therefore it is not unexpected that there are often fatalities and major injuries involved when they collide. A commercial truck accident can be caused by a variety of factors, and in many cases, either the driver or the firm is to blame. You need a qualified vehicle accident attorney in this case to represent you and ensure you obtain the money you deserve.
According to the Federal Motor Carrier Safety Administration, driver error is the root cause of up to 80% of trucking accidents. One of the most common of these errors is driver sleepiness. When the equipment is at fault, the most typical cause of an accident is brake failure.
Truckers are frequently under immense pressure to deliver their cargo on schedule. They risk not being paid or possibly losing their job if they do not deliver their load on time. Weather and traffic conditions are only two of the many variables that could stymie their progress. If they fall behind, they may be enticed to continue driving even when they should not, and they may end up driving recklessly.
Every year, up to 4,000 people are killed in truck-related crashes on American highways. Many of them are the consequence of driver weariness, which resulted in decreased reaction times and an accident. Fatigue can also affect judgment when taking immediate action to avoid an accident on the roadway. For compensation you can contact San Antonio 18 wheeler accident lawyer.
When a truck driver is at fault, the FMCSA specifies four essential causes that are frequently the cause of a trucking accident.
- Non-Performance: Dozing off or being incapacitated by a medical emergency such as a stroke or heart attack.
- Recognition: Being inattentive or distracted from the road. As a result, you won’t be able to detect the scenario and respond effectively.
- Judgment: The driver made a poor decision, such as driving too quickly for the conditions on the road, misjudging speed, or tailgating another car.
- Performance: Overcompensation or poor vehicle control, which can occur when a driver panics in a specific situation.
According to the FMCSA, driver weariness was the primary cause of 13% of those crashes. There are standards in place that govern how long drivers can drive without stopping and how much rest they should have. Drivers who need to beat the clock have discovered ways to circumvent these rules. While the majority of truckers follow the laws and do their best to be safe, there are always individuals who are willing to break them.
Other factors that contribute to truck-related accidents when driver error is involved include the use of alcohol or drugs, speeding, and distraction. Other causes of an accident include equipment failure, braking failure, and poor road conditions. Another reason for truck accidents is unfamiliarity with a road paired with bad weather.
Fatigue, on the other hand, is still a serious issue. A truck driver may doze off behind the wheel. He may drive off the road, causing damage to the vehicle and harming himself. He may also veer into other lanes of traffic, resulting in a multi-vehicle crash that kills or injures several people.
Who is responsible?
When there is an accident, the first thought may be that the driver is at fault. It is feasible for a passenger car to collide with a large truck, but people frequently think the truck driver is at blame. However, there may be others who can be held accountable, and an 18 wheeler accident lawyer San Antonio can assist in determining who that may be.
The driver’s employer could be held liable for any harm caused by an accident. Companies may put pressure on or encourage drivers to disobey the regulations and miss obligatory rest breaks. They may also inspire drivers to falsify logbooks and records. The company is also in charge of driver training and driver recruitment. If the firm hired a driver with a poor driving record or failed to train the driver, the company could be held accountable for an accident caused by the driver.
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Others may also be held responsible for accidents. If a truck’s brakes failed and caused an accident, the company that repaired the brakes might be held partially liable. If the company made a mistake, such as failing to inspect the brakes, they could be held liable. Those who put the goods onto the vehicle could be held liable if a shift in the load caused an accident.
If you were hurt or a loved one was killed in a truck accident, you must prove that the driver was irresponsible in some way that caused the tragedy. Truck drivers have a responsibility to be cautious on the road and to do all possible to stay safe. You must demonstrate that this did not occur for some reason. You must next demonstrate that the breach of duty caused the accident, as well as that you suffered injuries and monetary loss. This would also apply to the truck’s owner and his or her responsibility to place certified persons behind the wheel of their vehicles.