Are you the victim of a crash involving an 18-wheeler or tractor trailer? Was your car totaled? Are you suffering from injuries as a result of the collision? If so, you should strongly consider contacting an attorney for a consultation to discuss your relief options. The attorneys at Rocky Mountain Personal Injury Center specialize in plaintiff personal injury cases, including accidents involving tractor trailers. Truck accidents can be fatal and may result in a lifetime of pain and medical bills due to the severity of crashes. That is why it is so important to have an aggressive advocate by your side when obtaining a settlement.
Potential Causes of Tractor Trailer Collisions
The average driving time for a truck driver is 10 hours a day. As you can imagine, that becomes physically and mentally exhausting. Studies have shown that drowsy driving can be just as dangerous, if not more dangerous, than driving while under the influence. Unfortunately, many sleep-deprived truck drivers cause accidents because of drowsy driving. Statistics from the National Highway Traffic Safety Administration indicate that over 40,000 accidents occur on a yearly basis due to sleepy vehicular operators on the road. Even when truckers are tired, they often are forced to continue driving because of pending deadlines, mixing stimulants and caffeine with physical sleep deprivation, and causing major crashes.
Additional contributing factors to tractor trailer collisions are improper truck maintenance, and overloading the cargo hold. Failure to complete routine maintenance to the trailer, manifest, tires, brakes, and other mechanical parts can result in catastrophic consequences. Truckers need nearly three times as much time to come to a complete stop as a four-axle vehicle. They need air brakes as well as regular brakes, and all 18 wheels have to be properly serviced. If one tire is overfilled with air, it can pop off the rim, flying into the air and landing as dangerous debris onto the road or directly on another person’s vehicle. An overloaded truck is difficult to maneuver, can flip over making left or right hand turns and is almost impossible to stop completely in the event of an emergency.
Underloaded tractor trailers are also dangerous when crossing bridges or if crosswind warnings are issued, because insufficient hitch load can cause violent swaying and jackknifing of the trailer. There are many causes of tractor trailer accidents, but there is only one way to ensure you receive just compensation for an accident; you have to seriously consider filing a lawsuit for damages
Vicarious Liability and Filing Suit
Truck drivers are liable for their behavior behind the wheel, but their employers are also viable based on the doctrine of respondeat superior, or vicarious liability. Idaho recognizes vicarious liability, and the legislature notes that the employer is vicariously liable for the tortious conduct of the truck driver while under the scope of employment. Unless the trucker is operating the tractor trailer to drive home or for a personal errand, he or she is under the scope of the employment while traveling on a work route. This means that if a trucker is negligent and causes a car accident, both the driver and the employer are liable.
What does this mean for your case? For example, let’s say the driver of a Target Corporation tractor trailer causes a two-vehicle accident on Interstate 86 resulting in a totaled car and severe injuries for the other driver. The cause of the crash is determined to be recalled brakes and failure to operate the motor vehicle to avoid a collision. The break manufacturer and the truck mechanic can be liable because of the recall. In addition, because the trucker was operating the truck under the scope of his employment, his employer, Target, and/or his contractor (if he is a subcontractor) are also liable for the accident and can be sued as part of the claim. An accident such as this would result in multiple insurance companies involved as well as potential counterclaims and cross-claims to the lawsuit. Representing plaintiffs in these cases requires hard work and diligence, but it is a challenge that our Rocky Mountain Personal Injury Center lawyers are prepared to meet.
Schedule a Consultation with Rocky Mountain Personal Injury Center Today
If you or a loved one suffered at the hands of a negligent tractor trailer operator, you are entitled to compensation and damages. You do not need to handle your claim alone or accept a low settlement from the defendant’s insurance company. Contact our attorneys at Rocky Mountain Personal Injury Center. We have produced results for previous clients and will ensure that your rights are protected. Call us today to discuss your options.
