Recovering Damages from a Truck Accident

Trucks on the nation's highways can be intimidating and dangerous. Fully-loaded commercial trucks can weigh 80,000 pounds or more, and when a machine of this size is involved in an accident with a much smaller car, motorcycle, or pedestrian, the result can be catastrophic injury or death. For this reason, federal regulations require commercial trucks to carry substantial amounts of liability insurance. Any person injured, or the survivors of a person killed, due to the negligence of a truck driver is entitled to make a claim for recovery of damages.

Common types of truck accidents

Large trucks, by nature of their size, are subject to different types of accidents than regular passenger vehicles. These are some of the more common types of deadly truck accidents:

• Jackknife accidents, when the tractor's drive axle brakes lock up, and the trailer skids, stopping at a 90 degrees angle with the tractor, which often causes the truck to roll over
  
• Rollover accidents, especially on steep inclines or declines, whem the wheels trip on a curb or other object, when taking a curve too fast, or when the driver of a semi truck tries to get back on the road after running a tire off the pavement
  
• Tire blowout accidents causing loss of control
  
• Underride accidents when a truck stops suddenly, and a smaller vehicle continues forward and goes underneath the truck's trailer
  
• Oil Spills, hazardous material releases, or fires from inflammable cargo
  
• Common causes of truck accidents
  
• Many trucking accidents are the result of unsafe practices and driver error. Some of the reasons for these accidents are
  
• Drivers lacking the necessary qualifications and the required training
  
• Speeding to meet tight schedules and deadlines
  
• Drivers under the influence of alcohol or other drugs
  
• Truck driver fatigue from driving for long hours without rest
  
• Failure to secure loads properly on the truck
  
• Loading to more than the maximum capacity
  
• Tankers with liquid loads of less than three quarters maximum capacity, causing the liquid to slosh and shift the weight in the tank, making the truck hard to control
  
• Failure to conduct the required inspections to ensure that the cargo is secure and safe

How can I hold the driver or trucking company accountable for my losses?

For the best outcome in any legal case involving a large commercial truck, it is important to consult an attorney who is thoroughly familiar with federal and state regulations, and who has the experience and resources to conduct an investigation of the circumstances surrounding the accident, including compliance with safety regulations, possible driver impairment, and vehicle maintenance. The investigation will seek to discover whether the driver's number of hours on the road driver exceeded those allowed by federal law and whether the driver has past DUI or drug offenses. Your attorney will need to move quickly to preserve evidence and reconstruct the accident to show that the driver and/or trucking company was at fault.

If you've suffered from an accident involving a large commercial truck in the North County areas of Vista, Oceanside, San Marcos, Carlsbad, or Escondido, the Kitay law firm is here to help you get the recovery you deserve. For more than 20 years, we have fought for the rights of victims of truck accidents. Pay nothing unless you win. Call Kitay today for a free case evaluation.