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Truck Accident Laws And Theories

Heavier vehicles are involved in the truck accidents than other types of accidents. The weight of tractor-trailer lies between 12, 100 pounds to 80, 000 pounds which are approximately 25 times the weight of an average car. Trucks become difficult to stop when their driving speed is 65 m/h on a freeway and are more dangerous to small cars. Additionally, they are harder to move because of their mass and size, especially when the road conditions or weather is poor.

Due to the weight and size, truck accidents injuries are devastating to those riding motorcycles or passenger cars. Truck accident injuries include paralysis, amputation, traumatic brain injuries, and disfigurement. Sometimes such accidents cause various wrongful deaths. According to the research by FMCSA (Federal Motor Carrier Safety Administration), 3% of the motor vehicle accidents caused due to large trucks. However, the damage caused by these accidents is much more compared to the average auto accidents. Therefore, there are detailed and strict standards established by the federal laws that the truck drivers and companies must meet.

The federal laws govern these matters such as how a truck’s load may be heavy, for how many hours the truck driver is allowed to drive, and kind of details and information about the employee the trucking company must find out. Every state has trucking laws and regulations to further protect the people.

If someone gets injured in the truck accident, he/she may suffer tremendous loss. One such loss is huge medical bills. The expense of serious injuries might be more than six figures. For a victim, the consequence of this accident may require to change the jobs or stop working completely. To recover the compensation for such loses, truck accident sufferers need to consult the truck accident lawyer. The cause of such these types of cases may be the recklessness and negligence of the truck driver.

Truck Driver Liability For Injuries

In few cases, the careless truck driver violates the federal regulation and this violation can be not taking enough rest break or the overloaded truck that may be the basis of the accident. In some states, it is the right to not only sue on negligence basis but also on negligence itself. According to the latter theory, negligence is inferred when a truck driver violates the safety law, as the victim comes in the class of laws for which the law was designed to guard, and the violation caused the accident. This implication makes it easier for the claimant to prove his/her case.

In addition to that, under various different theories, the victim is eligible to take legal action against the trucking company. The employer of the truck driver can be held liable indirectly under the theories of respondeat superior or vicarious liability. These laws allow the employer of the truck driver to be held responsible if the employee caused the accident injury in the scope and course of the employment.

When the trucking company knows that hiring the truck driver with a past record of negligent or drunk driving or continue the job of such driver, it can be held directly accountable under the negligent hiring theories, negligent entrustment, or negligent supervision. It’s a duty of the trucking company to properly supervise and train well the truck drivers that are put on the road.

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About the Author

Will Waggoner is a no-nonsense, aggressive personal injury lawyer who has recovered millions of dollars for his clients over the past twenty years. His thorough and complete understanding of personal injury law and how to get the maximum recovery for his clients is arguably the best in New Mexico.
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