Trucking Accident FAQs
When you speak to a Laredo accident attorney about a trucking accident, there are some very common questions that you may ask. It is easy to understand why there are many questions surrounding a trucking accident. In an effort to help all of these questions, the most frequently asked questions have been answered.
What Is A Commercial Vehicle?
A commercial vehicle is a vehicle that is used by a business to transport goods. In most cases, these commercial vehicles are semi-trucks. However, it should be noted that there are other large trucks that can be used for commercial purposes. In most cases, a commercial vehicle is characterized as a vehicle that requires a special license to operate, such as an 18-wheeler or a cement truck. To clarify if the vehicle was a commercial or private vehicle, speak to your attorney.
What Makes Accidents with a Commercial Truck More Serious Than with a Passenger Vehicle?
Accidents that occur with a semi-truck often result in serious injuries or death. These vehicles are often 25 times the weight of a passenger vehicle and many carry hazardous materials. These two factors alone make them dangerous on the roads. The drivers of these trucks and their companies are held to higher standards than a normal passenger vehicle because of their potential danger.
What Are the Most Common Causes of an Accident Between a Commercial Vehicle and a Car?
There are many reasons that a trucking accident can occur. However, as your Laredo accident attorney will explain, the most common reasons are operator error on the part of the truck driver, inherent blind spots in the truck, operational failures of equipment, and possibly road conditions. There may also be issue with the passenger vehicle driver in some cases, such as tailgating or ignoring or not knowing about the blind spots on the truck.
I Was Involved in a Big Rig Accident and the Other Driver Was At Fault. Can I Make a Claim for Lost Wages?
Yes, you can file for lost wages due to the accident. Your Laredo injury attorney will explain to you that you will also be able to file for any future lost earnings that are a result of the injuries you sustained. During your initial consultation, your attorney will explain all the forms of compensation you are entitled to under the law.
I Was Involved in a Trucking Accident with a Vehicle Carrying a Hazardous Liquid. I Now Have Respiratory Problems. Can I Sue the Company That Shipped the Hazardous Material?
There are occasions where the shipper can be held liable in this type of situation. The shipper would have to have shipped the hazardous material without informing the trucking company that it was hazardous to be held liable. This is known as “duty to inform.” If that duty was met, they do not have any liability concerning the accident. Your Laredo injury attorney will look through all the shipping documentation to see if the hazardous materials were correctly shipped and labeled.
What Is a Truck “No Zone” and Why Shouldn’t I Drive There?
The “No Zone” is the area directly behind the truck and usually on the right hand side of the truck. This is where the most blind spots occur. Most commercial vehicles will have a warning label on the back encouraging other drivers not to get into these blind spots. As a rule, you should always remember if the driver cannot see you in their side mirror (or you see the driver in their mirror) you are most likely in a blind spot.
Can I Sue the Trucking Company of the Driver That Caused the Accident?
Your Laredo injury attorney will investigate the possibility of suing the trucking company that is connected to your accident. If the driver is an employee, the company will most likely be liable for the accident. If the driver is an independent driver or a contractor, establishing liability may become a little more difficult. Your attorney will have to determine who actually owns the truck and who maintains the truck to determine full responsibility for the accident.
Does a Jackknife Accident Automatically Mean the Truck Driver Is Liable for the Accident?
When a truck jackknifes it is not automatically their fault. An accident reconstruction specialist will need to be called in to determine the cause of the accident and the jackknife. Some road condition may have caused this to happen at no fault of the driver.
If I Am Partially At Fault for the Accident, Can I Still Seek Compensation?
If you are found to be less than 50 percent at fault, you can claim for compensation in most cases. However, the percentage that you are found at fault will impact your claim. If it is found that you are over 50 percent at fault, most state laws will not allow you to seek compensation.
Speak to a Laredo Accident Attorney Today
If you have been involved in an accident with a commercial vehicle, you are encouraged to contact Brylak Law for a free consultation. Your case will be examined by an attorney with in-depth knowledge of trucking accidents and the trucking industry. Your attorney can explain to you all of the forms of compensation you may claim for your injuries and other losses when you are involved in this type of accident. Call 210.733.5533 and speak to a Laredo accident attorney about your case today.