Drivers of big rigs, commercial trucks with a tractor and a trailer, are trusted to adhere to strict state and federal regulations regarding hours of service, cargo weight, maintenance, repairs, and overall safe operation. As a vehicle that has three axles and ten to eighteen wheels, safely maneuvering a big rig is a complicated task. This is why, along with several other reasons, all drivers of commercial vehicles weighing over 26,000 pounds are required to get a commercial driver’s license. These large vehicles transport a wide range of materials not only for consumer use, but also for industrial and construction purposes.
Every automotive vehicle accident has the potential to result in life-altering or fatal injuries. If an accident involves a large commercial truck, the odds of suffering a severe injury increase if you were traveling in a smaller passenger vehicle. More severe injuries often result in extended hospitalization, intensive physical therapy, and lost time at work. Some devastating injuries will adversely impact an accident for the rest of their lives, for example, permanent paralysis. If a negligent truck driver injured you, you should not bear the financial burden of your injuries and other damages.
You have rights as a motorist. When another driver violates their responsibility to safely operate their vehicle, they should be held accountable for the damages they cause. Truck accident cases are more complicated than typical car accidents; in addition to the severity of injuries, there are often other parties that could be held accountable. If you were injured in a trucking collision, contact the Montgomery County truck accident lawyers at the Reiff Law Firm for a free consultation at (215) 709-6940.
Trucking Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), Big Rigs and Other Large Trucks are More Likely to be Involved in Deadly Multiple-Vehicle Accidents, as Opposed to Deadly Single-Vehicle Accidents, Than Passenger Vehicles
Because of the extensive scope big rig accidents have on causing fatalities and catastrophic injury, it is crucial for big rig drivers to do everything within their power to prevent accidents. However, due to a wide range of causes, mostly ones that relate to negligence on the part of the trucker or trucking company, big rig accidents in Pennsylvania and throughout the United States continue to take the lives of thousands of people and cause serious injury to thousands of others every year.
Common Causes of Truck Accidents in Montgomery County, PA
Automotive vehicle accidents occur for a variety of reasons, from driver error to problems with the road. Crashes involving large commercial trucks are no different. However, because of the size of the vehicle and the hours truck drivers operate their rigs, certain causes are specific to truck drivers. Common types of truck driver negligence that often cause big rig accidents are discussed below.
- Fatigue;
- Drug and/or alcohol use;
- Improper passing;
- Hours of service violations (falsifying or no logbook);
- Speeding;
- Failure to yield right of way;
- Improper turns;
- Failure to report sleep apnea or get treatment;
- Disqualified driver;
- Following too close;
- Reckless driving;
- Improper lane change; and,
- Failure to obey traffic control devices.
A big rig crash attorney at The Reiff Law Firm has the legal knowledge and skill to handle commercial truck accidents related to these causes and many others. Protecting our clients’ rights is our priority. Our law firm follows through for injured individuals and family members of those killed in accidents caused by big rig drivers. We know the proper steps to ensure that evidence is preserved, a strong case is developed, and negligence is proven so that you walk away with the compensation you need to recover.
Who is Liable for a Truck Accident in Montgomery County
If you are in a car accident, it is often relatively easy to determine if another driver was at fault. For example, if your car was rear-ended while stopped at a traffic light, you would likely have a claim against the driver who hit you and their insurance company. When an accident involves a large commercial truck, the number of potential defendants increases. Our Montgomery County truck accident lawyers will thoroughly examine the circumstances surrounding your crash to determine all possible liable parties.
The Truck Driver
The obvious liable party in any accident is the driver that caused the crash. If a truck driver’s reckless or careless conduct resulted in a collision, they should be held accountable for any injuries and damages. As detailed above, many types of conduct could be construed as negligent behavior. The police accident report, witness testimony, the truck’s black box, and possible surveillance video are types of evidence that our office could use to hold a negligent truck driver accountable for their conduct.
The Trucking Company
A trucking company could be held liable for the damage and injuries that one of its drivers causes. A trucking company is responsible for ensuring its drivers are properly trained and following federal and state regulations. If a trucking company fails to conduct a background check or allows an inadequately trained driver to operate one of its vehicles, it could be held responsible if an accident occurs.
In addition to ensuring the professionalism of its drivers, a trucking company has an obligation to ensure that its fleet of vehicles is properly maintained. Commercial trucks are complicated machines that require routine inspections and repairs. If you are in an accident, our Montgomery County truck accident lawyers will request the driver’s history and the maintenance record of the vehicle involved in the crash.
It is common for a trucking company to try and avoid liability by claiming that a driver was not an employee, but rather, an independent contractor. Our office will carefully review the driver’s contract and the trucking company’s businesses practices to determine if the company could be held legally accountable.
Loading Company
In many cases, a trucking company will contract out loading responsibilities to another company. In others, the trucking company has nothing to do with the loading of the vehicle. An accident could occur if cargo is not secured or if it was stored in such a way as to upset the trailer’s balance. A poorly balanced truck is difficult to control. Furthermore, unsecured cargo could spill from the vehicle. If improperly loaded cargo contributed to an accident, the company that loaded the freight could be held liable.
The Truck Manufacturer
If a critical system fails on a big rig, it endangers the driver and other motorists on the road. Sometimes a system failure occurs because the truck was not maintained. However, some larger commercial vehicles have inherent design flaws or suffer from a manufacturing error. When an accident occurs because of a manufacturing mistake or design flaw, the truck manufacturer could be held responsible for any injuries.
Another Driver
Trucks are large vehicles that react much slower to changing traffic conditions than small cars. Because of this, a truck driver who is paying careful attention to the road could still cause an accident if another motorist’s conduct requires swift and evasive action to avoid a collision. When another driver’s negligence results in a truck driver causing an accident, they could be held liable for any subsequent damages or injuries.
Proving Liability in a Montgomery Truck Accident Case
No matter what party caused your accident, you will have to prove that their conduct was negligent to be compensated through a personal injury lawsuit. To establish that a defendant was negligent, an injured plaintiff must demonstrate four elements: duty, breach, causation, and damages.
A defendant must have owed the plaintiff a duty of care. A truck driver owes every other motorist a duty to operate their vehicle safely, not causing any injuries. This means adhering to traffic rules and federal regulations, while keeping their truck in good repair.
To prove a truck driver or other party breached their duty of care, a plaintiff must show that the behavior deviated from what a prudent person would have done under the same circumstances. For example, a prudent truck driver would obey the speed limit and not text while driving.
Next, the accident victim must prove that the truck driver’s actions caused the accident. For example, a witness could testify that a truck driver failed to stop at a red light and struck your car, causing your injuries.
Finally, a plaintiff must have suffered actual damages. Because of the severity of injuries usually suffered in a truck accident, must victims have quantifiable damages. Damages in a truck accident include medical bills, lost income, and pain and suffering.
Call Our Montgomery County Truck Accident Lawyers Today
Based on a recent study conducted by the American Transportation Research Institute (ATRI), truck drivers who have previously been involved in an accident have an 88 percent increase in their chances of being involved in another accident in the future. Not only do our Montgomery County truck accident lawyers at the Reiff Law Firm win compensation for injury and wrongful death clients, we help ensure that negligent truck drivers responsible for causing an accident are held responsible so that future accidents do not occur. For a free consultation about your big rig collision, call our experienced team of accident attorneys today at (215) 709-6940.
