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Factors that can complicate trucking accident claims

On Behalf of | Aug 3, 2021 | Truck Accidents |

Accidents involving commercial trucks often have catastrophic results, particularly for those who are in other vehicles. Thus, pursuing damages after these collisions can be crucial for victims and their families.

However, when a commercial vehicle is involved in a crash, certain complications could arise.

Truck-specific challenges

After a crash between a commercial vehicle and an individual, the individual can feel unnerved by the legal process, especially regarding the following factors.

  1. The number of people involved – In a truck accident, several parties could play a role in the truck’s safety, cargo, and vehicle operation. Parties including trucking companies, loaders, employers and truckers could be liable for damages, adding to the number of people involved in a claim.
  2. The number of legal resources available to trucking companies – Trucking companies have resources that individual motorists do not. They have legal teams and financing that makes it easier for them to tackle legal issues. However, that does not make them less culpable in cases of recklessness or negligence.
  3. The state and federal regulations to navigate – Numerous rules apply only to commercial vehicles. Generally, those who own and operate these vehicles are far more familiar with these regulations than individuals are, which could give them an advantage in cases involving possible violations.

These components can make individuals feel overwhelmed when faced with possible legal claims.

Individuals have advantages, too

Though trucking parties could have the upper hand in some ways after a crash, victims have advantages, too.

  1. Availability of data – Most trucks have data recorders or black boxes. These devices record a host of information that can be crucial after an accident, including how fast the truck was moving, whether the driver applied the brakes and whether the trucker was using cruise control.
  2. Use of electronic devices – Truckers also use electronic logbooks. These devices maintain records regarding the amount of time a trucker is driving and vehicle data. After a crash, these logs could reveal issues or inconsistencies suggesting a driver was fatigued or driving an unsafe truck.

This information can be vital for victims looking to prove negligence and can be far more difficult to come by in crashes that only involve passenger vehicles.

Commercial truck accidents can seem intimidating. But individuals must understand that they have rights and resources of their own after a crash. 

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