A Trucking Accident Usually Involves More Than Two Parties

by | Feb 1, 2016 | Personal Injury

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There is a major difference between a vehicle accident involving two cars and one which involves a truck and a car. Not only does the size and weight difference between the two have a significant impact on the results but there are more parties involved that just the drivers of the vehicles and their insurance companies. A truck accident lawyer in New Orleans knows from experience that cases of this nature are considerably more complex and require specific knowledge of several areas of law. Not only are the multiple parties who may be liable, there are several state and federal laws that set safety standards, these standards do not generally apply when two cars are involved.

In the event you are hit by an 18 wheeler, there are more parties that will be involved in a potential lawsuit other than the truck driver. Large trucks are used for commercial purposes, as a result not only is the driver a party to a suit, so is the trucker’s employer, the truck owner and the company that was engaged to transport the load. Any one all a combination of them can bear some or all of the responsibility for the incident.

In the past trucking companies tried to avoid any liability in the event of an accident which was caused by the driver, they did so by insisting that the drivers owned their vehicles and hired themselves out as owner-operators. The trucking companies posed the argument that, as the drivers were independent, they also were liable. This defense was banned by the federal government when they established the liability of trucking companies for all aspects of the operation regardless of whether the driver was independent or not.

Proving liability in an accident involving a truck is more difficult and complicated than proving liability when only two private vehicles are involved. The factors that a truck accident lawyer in New Orleans must include in the investigation are the parties involved which can be the driver, the trucking company and even the truck manufacturer. The lawyer will pay particular attention to the actions of the driver; his credentials, training and both physical and mental state; this may even include performing drug and alcohol tests.

One of the underlying causes of trucking accidents is driver fatigue; the accident lawyer will review the logs to ensure that federal and state laws were followed when it comes to rest periods.

With the myriad of complexities in an accident involving a truck you should always hire a seasoned truck accident lawyer in New Orleans. You are invited to contact Business Name for further information.