There are several different types of trucking accidents that may occur, and many of them result in catastrophic injuries for victims. Proving liability can be a legally challenging task in a trucking accident case, and specific measures must be taken in order to preserve critical evidence.
Types of Truck Accidents
There are many different types of trucks that may be involved in a trucking accident: semi-trucks, commercial trucks, dump trucks, tractor-trailers, tow trucks, overloaded and overweight trucks, nighttime trucking accidents, cargo trucks, delivery trucks and more. Any type of accident that involves a large truck can prove to be serious and severe for any victims involved.
Federal Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA), is the part of the U.S. Department of Transportation, that establishes all the rules, regulations and guidelines for the operation of any official Commercial Motor Vehicle (CMV). One of the most important parts of the guidelines established for truck drivers are the Hours of Service Regulations. These laws require that truck drivers rest for very specific periods of time to avoid fatigue and accidents related to drowsiness. However, many truck drivers fail to follow these legally required rest periods because they feel pressured to get the cargo to the destination as quickly as possible.
Along with hours of service regulations violations, there may be violations of cargo loading, truck maintenance, or even truck driver education and training. If you were involved in a trucking accident, the most important evidence may be the “black box” within the truck itself. Additionally, other physical and electronic evidence may prove essential to your personal injury case such as trucking logs, daily sleep and rest logs, trucking maintenance logs, and more. In order to preserve this evidence, a spoliation letter must be issued. At that point, the truck driver, trucking company or manufacturer must preserve all evidence under penalty of law.
Parties That Are Liable in a Trucking Accident
Trucking accidents differ from personal vehicle accidents in that there are several parties that may be held liable for your injuries and damages. The truck driver, the trucking company, the company that owns the truck, the manufacturer of trucking parts or components, or the loading company, may all be held liable for your injuries depending on the nature of the accident in which you were involved. In many cases, more than one party may be held liable and responsible to compensate a victim for their injuries, lost wages, and pain and suffering as well as personal property damage. Contacting an experienced personal injury attorney will help you determine which parties are responsible and how you may be able to file a claim against them to receive the compensation you deserve.
Contact an Experienced Attorney
You need to act quickly following a trucking accident in order to preserve critical evidence for your personal injury claim, and so that you can receive the compensation that you deserve. Contact an experienced trucking accident attorney at Jolly Berry Law at 949-430-7322 or visit us online today regarding your trucking accident.