If you suffered injuries in a San Antonio truck accident, you likely feel overwhelmed attempting to deal with medical appointments, medical treatments, your pain and suffering, loss of income due to your inability to return to work, and trying to sort out if you need to repair or replace your vehicle. Truck accident victims often do not know who carries the liability to compensate them for their injuries and losses and feel overwhelmed trying to navigate insurance companies and settlement offers. A San Antonio truck accident lawyer at Ben Crump Law, PLLC at (800) 630-9229 can help you understand all of the aspects of your truck accident case, help you determine which parties have legal responsibility for your losses, and what you may receive compensation for your losses.
How Truck Accidents Differ from Passenger Vehicle Accidents
While passenger vehicle accidents can have serious and even fatal consequences, in most cases, truck accidents have catastrophic consequences. There are many reasons that truck accidents differ from passenger vehicle accidents.
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Truck Size and Cargo
Due to the fact that these large vehicles weigh several times what a typical passenger vehicle weighs, and in many cases carry toxic or dangerous cargo, an accident involving a large commercial truck is likely to cause serious injuries and fatalities than a passenger vehicle accident, according to research from the Federal Motor Carrier Safety Administration (FMCSA). The sheer size and weight of a large commercial truck make their involvement in any kind of accident on the roadways more dangerous for any victim involved.
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Federal Regulations in the Trucking Industry
Just as there are laws regarding passenger vehicles on the roadways, the trucking industry is also heavily regulated by federal guidelines established by the United States Department of Transportation under the Federal Motor Carrier Safety Administration. These regulations cover different aspects of the trucking industry as it relates to drivers that operate commercial motor vehicles. Some of the different types of federal regulations that truck drivers and the trucking industry must follow include:
- Trucking license: due to the fact that commercial trucks are so much larger and carry so much additional weight in a trailer, truck drivers must train to operate these vehicles and then pass tests to receive a commercial driver’s license (CDL) under FMCSA, Title 49, part 383.
- Hours of service regulations: along with learning exactly how to operate a truck correctly, the truck driver and trucking company must also follow very specific hours of service regulations, per Title 49, part 395. These regulations set how many hours a truck driver must rest between shifts of driving to ensure that they avoid driving while fatigued or drowsy.
- Trucking company: a trucking company has responsibility for the actions of its truck drivers. Any actions that a truck driver takes in the normal course of their employment as a truck driver can result in the trucking company retaining liability for their actions. Additionally, a trucking company has the legal responsibility to ensure that its truck drivers follow the hours of service regulations, as well as properly train their drivers. Trucking companies must also monitor their drivers for violations, such as driving under the influence of drugs or alcohol. Finally, a trucking company has the legal responsibility to ensure that the trucks are always inspected, maintained, and repaired in a timely fashion.
- Cargo loading: because large commercial trucks carry heavy and often dangerous cargo, the FMCSA has specific regulations regarding how companies must load and secure cargo in the trailer of a large commercial truck.
Failure to follow these regulations and guidelines can result in serious accidents. If you suffered injuries related to a truck accident, contact a San Antonio truck accident lawyer at Ben Crump Law, PLLC who can help you understand if your truck accident involved a violation of any of these federal regulations.
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Determination of Liability in a Truck Accident
Truck accidents also differ from passenger vehicle accidents in the sense that there may be many different parties and entities a victim has the legal right to file a claim against to receive compensation for their injuries and losses. In passenger vehicle accidents, the negligent driver remains responsible, or perhaps more than one driver has legal liability. However, in truck accidents, different parties may have a legal responsibility to pay victims compensation for injuries and losses, including the truck driver, the trucking company, and the company that manufactured the truck.
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Learn How a San Antonio Truck Accident Lawyer Can Help with Your Case
Accidents involving trucks can leave you recovering from your injuries and with medical expenses beyond your means. You may have lost wages due to the injuries caused by the accident. The truck driver and the trucking company responsible should compensate you for your losses. Contact a San Antonio truck accident lawyer to help you receive an independent investigation, expert testimony, and other resources in order to build a personal injury case in order to receive compensation for your injuries and losses.
If you suffered any injuries in a truck accident, you may also need to collect compensation for property damage, psychological trauma, and pain and suffering. Contact our legal team today to learn how a San Antonio truck accident lawyer with Ben Crump Law, PLLC at (800) 630-9229 can explain the differences between a passenger vehicle accident and a truck accident that you may face, and help you understand and protect your legal rights.
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