Accidents involving tractor-trailers cause more than their fair share of harm. Truck accidents are often fatal for the occupants of other vehicles involved in the crash. The common causes of truck accidents in Merrillville often can be traced to someone’s carelessness or recklessness. When a party’s conduct causes an injury to another person, the injured party can hold the negligent party responsible for their financial losses.
If you have been hurt in an accident involving a semi-truck, seek legal counsel immediately. The dedicated truck collision attorneys at The Law Offices of David W. Holub could ensure you receive maximum compensation for your injuries.
Trucker Error is the Reason for Many Crashes
Driving a large truck requires considerable skill, and most truckers are excellent drivers. Even so, according to the Federal Motor Carrier Safety Administration, trucker error contributes to most truck crashes that result in injuries.
Trucker error can take many forms. Any of the following could lead to a crash:
- Driving too fast for the conditions
- Operating the truck while fatigued
- Driving without sufficient training
- Operating the vehicle when it is overweight or improperly loaded
- Driving while drunk, high, or under the influence of medication or illicit drugs
- Distractions such as daydreaming, talking on the phone or to a passenger, texting, eating, or drinking
When the trucker is an employee, the employer is responsible for the truck driver’s errors. When the driver is an independent contractor, the trucking company may try to shift liability onto the driver.
A Merrillville accident attorney could investigate whether inadequate screening during the hiring process, poor training, or an unreasonable delivery schedule contributed to the crash. If so, the trucking company may be liable even when the driver is an independent contractor.
Others Might Contribute to a Truck Accident
Although trucker error is the most common reason for truck crashes, other parties could hold responsibility. Mechanical issues like tire blowouts, broken axles, frozen steering, and overheated brakes often contribute to accidents. When a part or component is defective, the manufacturer can be liable. Sometimes, overloading or load shifts contribute to a crash. In such cases, the company that loaded the trailer could be liable. Other drivers, local governments, and many more could have played a part in a truck accident.
A skilled accident attorney in Merrillville could review the police reports, available video footage, the truck’s maintenance records and electronic data recorder, and any other evidence to identify all the parties with potential responsibility for the accident.
Obtaining Compensation in a Truck Accident Case
An injured person seeking compensation after an accident must prove the other party (the defendant) was negligent. Negligence means failing to use a reasonable degree of care under the circumstances.
When there is proof the defendants in a truck accident were negligent, they must pay compensatory damages to the injured person. Compensatory damages pay for the injured person’s out-of-pocket losses like medical care and lost wages. The responsible party must also pay compensation for the injured person’s physical pain, emotional suffering, scarring, disability, and the accident’s other non-economic impacts.
Sometimes, a defendant’s behavior is negligent and demonstrates an intent to harm or a reckless disregard for others’ safety. When a Merrillville attorney has convincing proof of the egregiousness of the defendant’s actions or inactions, Indiana Code § 34-51-3-2 allows an injured person to seek punitive damages. Punitive damages are an extra award the defendant must pay the plaintiff as punishment for their outrageous conduct.
Discuss the Potential Causes of Your Truck Accident with a Merrillville Attorney
Accidents involving trucks can cause severe injuries and financial hardship. When another party’s negligence caused the accident, you deserve compensation for the harm they caused.
The common causes of truck accidents in Merrillville all involve the negligence of one or more parties. Contact The Law Offices of David W. Holub to hold them financially accountable.