Trucking Accidents
At The Law Offices of William F. Horsley, P.A., we know that one of every eight traffic fatalities in the United States is caused by a collision with a large tractor trailer, and the people dying are those that are in the automobiles. Drivers of tractor trailers typically remain uninjured because of the size and weight of the tractor-trailers. In 2005 alone, there were 4,450 commercial tractor trailer accidents throughout North Carolina
Tractor trailer accident lawsuits tend to be far more complex than other accident cases, so it is best to consult with an experienced law firm that will look out for your interests. Trucking litigation involves claims against negligent truck drivers as well as the companies who hire them. Legally, a driver of a large truck is considered to have an even greater standard of care than other drivers because of the injuries that their large trucks can cause.
Examples of truck negligence generally fall into two categories: driver error and vehicle maintenance failure. The most common cause of driver error is fatigue, which can cause clouded judgment, drowsiness, and falling asleep at the wheel. Driver error can also be due to inexperience, improper driver training and driving under the influence of alcohol or drugs (whether prescription or illegal). Deregulation of the trucking industry has resulted in an increase in speed-limit violations among tractor-trailer drivers as well.
Other complicating factors of truck accident cases:
- Trucking companies and insurance adjusters realize the potential for major lawsuits when a truck accident is involved, so immediately following an accident, they quickly gather evidence and experts so that they can start preparing their case.
- Determining who the defendant is can be difficult, as a result of the following possible reasons for an accident:
- Driver Fatigue - this would likely be the driver’s fault.
- Overloaded Freight – this would likely cause the company the driver works for to be involved in the lawsuit.
- Excessive Speed – this could cause the driver and the company to be listed as co-defendants, if strict and unreasonable deadlines were set on the driver.
- Equipment Malfunction – this could cause the manufacturers to be defendants.
- Defective Tires – this could also cause a tire manufacturer or distributor to be named as a defendant.
- Failure to Follow State and Federal Regulations – this would normally name the company and driver to be co-defendants.
When tractor trailer collisions do occur, trucking companies involved in the accident often send representatives to the accident scene. These agents work to handle everything at the scene of the accident so that they can limit or mitigate their company’s liability. These companies’ representatives know that the ideal time to confront an accident victim is immediately following the event.
At The Law Offices of William F. Horsley, P.A., our focus is on voicing and protecting the rights of the wrongfully injured, and we have the experience to sort through these complicated issues and fight for fair compensation from the trucking companies and insurance agencies for the victims of these accidents.
If you or someone you know has been seriously injured in a tractor trailer accident, it is essential that you quickly retain an attorney who has experience in litigating truck accident cases. The Law Offices of William F. Horsley, P.A. are prepared to help you through this difficult litigation while seeking financial compensation for your losses. Please call us at 1-800-953-2542 or contact us through our
online form.
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