18 wheeler accidents can have devastating consequences, and the question of who is at fault often becomes a complex issue. Such accidents can involve multiple parties, from the truck driver to the trucking company, the load company, and even insurance companies. Various rules and regulators govern the aftermath of trucking accidents, further complicating the fault determination. This blog seeks to shed light on the process of identifying the liable party in an 18-wheeler accident.
Understanding Big Truck Accidents
When it comes to big truck accidents, several critical factors can influence who is at fault. Commercial Driver’s License (CDL) guidelines, truck driver’s duty of care, and the role of trucking companies and Motor Carrier Safety administrations can all play a significant part.
The Role of CDL in 18 Wheeler Accidents
A Commercial Driver’s License (CDL) is required to operate a big truck or an 18 wheeler. The CDL guidelines ensure that truck drivers are competent and possess the knowledge and skills necessary to operate their heavy vehicles safely. Therefore, if it’s found that a truck driver was operating without a valid CDL or breached the CDL guidelines at the time of the accident, the driver (and possibly the employing trucking company) may be liable for the accident.
The Duty of Care for Truck Drivers
Truck drivers are required to exercise a duty of care on the road. This means they must adhere to traffic rules, rest hours, maintenance schedules, and should always drive in a reasonably safe manner. A breach of this duty of care, such as reckless driving or driving under the influence, can lead to the truck driver being found at fault for the accident.
Role of Trucking Companies and Motor Carrier Safety Administrations
Trucking companies are responsible for ensuring their drivers adhere to safety regulations and are adequately trained. They must also maintain their vehicles properly. Failure to perform these duties can result in the trucking company being held liable for accidents. Meanwhile, the Motor Carrier Safety Administration enforces federal laws for safe trucking practices. Compliance with these laws is mandatory, and their violation can also be a determiner in assigning fault in the event of a big truck accident.
Determining Fault in a Truck Accident
In the aftermath of a truck accident, determining fault is crucial for the victims seeking compensation. The process typically calls for a review of the Federal Motor Carrier Safety Rules and the role of insurance companies.
Application of the Federal Motor Carrier Safety Rules
The Federal Motor Carrier Safety Administration (FMCSA) has set comprehensive rules to regulate the trucking industry. These rules cover everything from truck driver qualifications and hours of service to vehicle maintenance and cargo loading. Any evidence of a breach of these rules can strongly indicate who is at fault in an accident. For instance, if a driver violates the hours-of-service rules leading to fatigued driving and an accident, the driver and the trucking company may be held liable.
Role of Insurance Companies in Determining Liable Parties
Insurance companies can play a significant role in determining liability in truck accidents. After an accident, insurance investigators will review all available evidence, including the police report, witness statements, and any possible violations of federal safety rules. Their findings can heavily influence who is deemed at fault and thus liable for damages. While their decisions can be contested, they can often form the basis for initial liability determination and settlement negotiations.
The Role of a Trucking Accident Lawyer in Identifying At-Fault Parties
Understanding the complexity of truck accidents and identifying responsible parties can be a daunting task for accident victims alone, which is where an accident lawyer can be beneficial to fighting for your rights.
How a Trucking Accident Lawyer Helps in Case of 18 Wheeler Accidents
An experienced accident lawyer should have extensive knowledge and understanding of the laws and regulations that govern the trucking industry. They can help dissect the minute details of an accident–reviewing driver logs, truck maintenance records, and other relevant evidence. Their experience allows them to skillfully deal with insurance companies, and they can contest their liability determination if necessary. By expertly navigating these complicated processes, a truck accident lawyer can help identify at-fault parties and bring peace of mind to victims.
Why Seeking a Trucking Accident Lawyer is Important in Recovering Compensation
When seeking compensation for a trucking accident, having a lawyer by your side can make a significant difference. Trucking companies and their insurers often have powerful legal teams working to often minimize the compensation victims receive. An experienced lawyer can challenge these teams and fight for your rights and compensation. They can negotiate with the insurance adjusters and, if necessary, take the case to court. Therefore, seeking the help of a trucking accident lawyer is not just important, but often crucial to increase your chances of higher compensation after a trucking accident.
Contact Talbot, Carmouche & Marcello for your Big Truck Accident
In the aftermath of a trucking accident, your focus should be on recovery while professional and experienced attorneys handle the legal complexities for you. That’s where Talbot, Carmouche & Marcello can step in.
With a strong reputation for fighting for clients’ rights in Louisiana, Talbot, Carmouche & Marcello is here for your personal injury law needs. We are committed to fighting for fair compensation for your injuries and damages. Were you involved in an 18 wheeler accident? Contact our law office today for a free consultation.