There are numerous reasons behind increasing numbers of truck accidents that can include negligence, fatigue, substance abuse, defective vehicles, overloading, etc. However, if you become victim of such incidents, you must seek help from a truck accident attorney to get your case evaluated and get the compensation you deserve.
Distracted truck driving is one of the biggest risk factors of motor vehicle accidents on the roads. It creates a dangerous road situation that can cost many lives. Big vehicle such as trucks can cause severe damages to other vehicles and more critically their passengers. This is why the Federal Motor Carrier Safety Administration (FMCSA) has published rules to increase road safety.
However, the question is what causes distracted driving and how can it be stopped? A truck driver may be distracted from driving due to many reasons, including the use of a cellphone. Use of phones causes one to lose focus from road. It causes the truck driver or other driver to take their eyes off the road and distracts them. This distraction can lead to dangerous and severe accidents. The FMCSA has published rules specifically for the truck and bus drivers to decrease the number of road accidents due to unfocused driving. These rules include –
Penalty – The penalty for distracted driving includes fines and disqualification of driving privileges. For texting, drivers can be fined up to $2,750 and employers can get a fine up to $11,000. Employers will be fined only if they allow truck drivers to use mobile phones on duty. Texting can also lead to the FMCSA disqualification of driver. The time of disqualification depends on the level of law violated. For several violations, this period can go up to 120 days. Violation of law also affects Safety Measurement System (SMS) results. Every year, distracted driving causes many accidents and claims many lives. Every truck accident law firm handles cases that could have been avoided if the driver was more attentive to the road. It is important for everyone to follow road safety rules and regulations to avoid accident and serious physical, economical and emotional damages. Truck accidents are some of the most devastating unfortunate events on the road. They cause maximum physical injuries including truck related wrongful death, amputations, comas, mental trauma, and financial loss. If you or someone you know has fallen victim to a truck accident, you should immediately consult an experienced truck accident injury lawyer who can guide you on how to file a truck accident lawsuit.
If the truck driver was at fault, you deserve to be compensated for all that you had to go through. Below are a few points about the legal process that you should be acquainted with- It is important to commence a lawsuit as soon as possible, because with time your position will get weaker and the evidence may be destroyed. Before filing a lawsuit against a truck Company or driver, you need to know the liability. An experienced attorney can help you in determining the liability of different parties. He will evaluate the whole situation and provide you with advice about negligence claims or personal injury and who to name as a defendant. Photographs taken on the accident site and injuries are very important for lawsuit. You can sometimes use the photographs of damaged vehicle and injuries to build a strong case. Sometimes there are different levels of insurance. An experienced injury attorney can help find the policies that may cover the injuries. Your lawyer will have to prove any of the following instances (if applied) to assist with your justice- The Truck driver and/or trucking company broke law There were problems with the vehicle and/or its equipment (manufacturing or repair) Driver didn't have proper commercial license Truck was overloaded (above maximum weight limit) Driver was driving too fast (above maximum speed limit) Driver was overstressed or overworked Truck was loaded with hazardous elements, and was not following the laws Usually, trucking companies hire excellent defence lawyers to protect their drivers. To help recover fair compensation for your damages, it becomes necessary that you consult an experienced and professional lawyer. An experienced attorney may assist with the following damages- Medical bills – You generally can recover your medical expenses. Lost Wages – You may receive compensation for the wages you lost due to the accident. In many cases, lost wages and forthcoming healthcare check-ups are also included. Physical and emotional pains – Trucking Company or driver may be liable to pay for the physical and emotional pain caused. Compensations for loss of companionship and lost earning capabilities may also be included in the lawsuit. |
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August 2015
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