An accident caused by any commercial truck causes more catastrophe than other car accidents. A dump or big commercial truck, which is fully loaded, weighs 25 times as much as a typical personal-use vehicle. That is why, accidents involving big trucks cause more serious injuries.
If you or anyone close to you is involved in a commercial truck accident, you are entitled to file a lawsuit against the wrongdoer and receive compensation from the responsible party for your injury and medical treatment.
Unique Dangers Resulting from Commercial Truck Accidents
According to statistics, commercial truck drivers stay more alert on the road than those driving other vehicles. Still, the number of large truck accidents is not few and far between. Furthermore, these accidents cause more severe fatalities. Interestingly, in many cases, the truck drivers are not responsible for the accidents; instead other drivers or unforeseen road hazards are the actual culprit for the unfortunate incidents.
Additionally, the freight carried by the commercial truck can make the matter worse. For example, if a truck carries flammable or hazardous materials or the accident involves a big rig, possibility of serious secondary injury cannot be ruled out.
How to Prove Your Case
Just like in any personal injury case involving vehicle accident, the victim has obligation to prove the following points in a commercial truck accident:
- The defendant (Truck Company or driver) failed to fulfil duty to exercise the required degree of care to avoid accident and injury under the circumstances
- The defendant breached the duty of reasonable care
- The defendant’s failure to ensure reasonable care caused the injury sustained by the plaintiff.
In order to receive justice and the just amount of compensation from the at-fault party, it is important for the plaintiff to identify potential defendants as many as possible instead of bringing allegation only against the truck driver. In several commercial truck accidents, trucking companies, employers, contractors and even insurance service providers can be held liable to compensate the victim for his/her injuries.
If it is established that the truck driver is an employee of the truck or shipping company, the employer can be held responsible for the driver’s failure to exercise reasonable care on the road.
As a victim of the truck accident, you are eligible to obtain financial compensation for physical injury, financial loss and emotional stress inflicted upon you by the accident.
Special Considerations in Commercial Truck Accident Cases
The way the large commercial trucks operate on the road poses some unique dangers as follows:
Turning Accidents – Even for an experienced driver, turning a heavyweight commercial truck is not easy. If often requires using two lanes for a safe turn. It does not clearly establishes the driver’s fault in the wake of an accident but some courts consider it unsafe driving and it is enough to prove the truck driver’s negligence.
Jackknifing– Under particular conditions, very large trucks (for example, eighteen-wheelers) are susceptible to jackknifing. This is very much true during sudden turning or braking. The truck driver will not be considered at fault if the person jackfired owning to road hazards or to avoid a stalled truck or any other vehicle.
Consider talking to an Oregon truck accident attorney at Johnston Law Firm to know your chance of receiving compensation for the injuries caused by a commercial vehicle crash.