Commercial Truck Accidents Dangers
When it comes to accidents on the road, commercial truck accidents are very special when compared to a normal accident when looking at the legal matters and injuries involved. When a commercial truck is involved in an accident, it is dangerous for everyone. Commercial truck accidents only account for 3% of accidents on Illinois highways, however, according to the Illinois Department of Transportation, commercial truck accidents account for 9% of fatalities on the road. Nationwide statistics account that 83% of those who are killed in truck accidents are the occupants of the other vehicles or pedestrians.
Truck Accidents and the Law
All traffic accidents, including truck accidents are governed by the same law. In most cases, a lawsuit is going to be claimed on the theory of negligence. When wanting to prove a negligent driver, there needs to be several aspects that can be proven. These aspects include:
1. The driver had the responsibility to use “reasonable care” in order to prevent harm from coming to other drivers
2. The driver acted carelessly
3. The careless act of the driver was the cause of the accident
4. Harm was suffered by the plaintiff due to the accident
Though these aspects are usually easily proven in a case of negligence, there is a complication when proving this with a commercial truck driver. The reason for this is that the driver may be driving for a company.
Trucks and Considerations to be Made
There are many ways in which an auto accident and a truck accident differ. The main difference is that the commercial truck driver is often the employee of a company. When these accidents occur, those who were injured can often hold the company responsible rather than the individual driver. There are two methods in which this can occur: the plaintiff is able to show that the trucking company was the negligent party. For example, improper maintenance on the truck and not training drivers efficiently. Or they failed to supervise their drivers.
When looking at the supervision of drivers this can be vital since there are regulations in place meant to ensure that the trucking industry monitors their drivers who on the road actively. When these regulations are not adhered to, the chances of a serious accident increases.
Even if the company is proven not to be negligent, the court can still hold the company responsible for the drivers actions. This is due to the vicarious liability doctrine. This basically states that when a driver is driving a truck for a company that the employers are still responsible for the actions of the employee.
If you have been injured in an accident, contact 844 See Mike, at 312-224-4695 for a free consultation. We are a Chicago personal injury law firm representing individuals and families who have suffered an injury or loss due to an accident. 844 See Mike, will handle your personal injury case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.
Lastly, 844 See Mike, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple. Therefore, you have nothing to risk when you hire us–just the opportunity to seek justice.
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