Common Causes of Trucking Accidents
Every year, many people are involved in trucking accidents, some of which cause injuries and some that don’t. In fact, over the past two decades, the number of truck accidents has increased by 20% and approximately 5,000 people alone died in 2002 from these accidents. You may wonder who is responsible for your trucking accident based on what you saw with your own eyes or what other witnesses saw the day it happened. There may be many people involved in these accidents that could be held liable for your injury compensation. The truth is, there are many laws that govern trucking accidents. Because of these laws, certain standards have been established for the trucking companies, owners, and drivers. If these same people refuse to follow the simple standards, they could lose their ability to drive truck altogether. There are many entities who may be held liable in a trucking accident, such as the actual driver, the owner of the truck, the person who leased the truck, the manufacturer of the truck’s equipment, or the shipper or loader of the truck’s cargo. Liability Liability is something that trucking companies have to watch out for, which is why drivers are trained to drive carefully and avoid hazards. Some trucking companies engage in some sly games to avoid liability no matter the cost. For instance, a trucking company may choose to obtain the necessary permits to operate the truck. The company, however, doesn’t own the tractor, trailer, or necessary equipment. It leases instead under an owner or operator. They also hire independent contractors and not actual employees. If the truck becomes involved in an accident and the company is sued, they will play it off by saying that the driver was not the company’s actual employee and they do not own the equipment in full. The good news is, if a trucking company tries to do this to you if you are suing for injuries, federal laws and regulations stand in as a way to help you. If a truck bears the company’s name, then they instantly become responsible for what happens in many ways. Common Accidents Driver error is one of the most common causes of trucking accidents, which can be caused by drug use, speeding, fatigue, distractions, and more. The Federal Motor Carrier Safety Administration found that action or inaction by drivers was the reason for 88% of crashes. Another reason for these accidents is problems with equipment. Some examples include removing the front brakes, brake failure due to inadequate adjustments, tire blowouts, improper securing of load, defective steering, or improper trailer attachment. Have you been injured in a trucking accident? The trucking industry can be entirely complex, which is why you should have a skilled attorney on your side who has experience with these cases. At RAWA Law Group, we can do just this and get you the compensation you deserve after your accident. We can fight the big-name companies and get to the bottom of who is at fault in your specific case.
When Can I Sue Outside of Workers’ Compensation?
What happens if you were injured by a defective product on-the-job and want to bring a lawsuit against a manufacturer? What if you were injured by a toxic substance, because of employer’s gross negligence, or if your boss doesn’t carry workers’ compensation insurance? These are all questions you may have when you have received a workplace injury or illness. If this is the case, you may not have to rely on workers’ compensation to pay for your medical bills and more. Instead, you may be able to outright sue for damages caused by your injuries. The truth is, workers’ compensation can’t do everything. It won’t pay for things like pain and suffering or provide punitive damages to punish an employer when they haven’t been following safety standards. This is why it may be in your best interest to consider a lawsuit. How to Bring a Lawsuit in Specific Areas So, have you been injured or fallen ill due to one of the previously mentioned reasons and wonder what you can do about it? Now you can find out how to handle a case. Defective Products: What happens if you were injured because a piece of equipment is inherently dangerous and didn’t work properly? Then the manufacturer of the machine or equipment can be held liable, but only through a lawsuit. In this case, you would be compensated for medical bills, lost wages, and maybe even pain and suffering. You may be able to file a claim if your employer forced you to use the equipment even if they knew that it was dangerous. Toxic Substances: You may also work around toxic substances that can cause severe illness and injuries. Some of the most common substances include asbestos, benzene, chromium compounds, silica, and radium. If the substance can harm you, then it may fall under a “toxic tort” lawsuit. Workers have been successful over the years in these cases because they could receive very serious illness such as cancer and lung disease from being around the substances. You should speak to an attorney as soon as possible because, the longer you wait, the more complicated the issues could become. Employer’s Conduct: In some cases, an employer may have even hurt you on purpose. This means that you will be able to sue your employer for damages if you can prove your case. Let’s say that an employer bumps you out of the way on purpose and you fall, injuring yourself on a piece of equipment and receiving permanent injuries. You would be able to sue the employer out of the workers’ compensation system because the conduct was intentional. No Workers’ Compensation Insurance: What happens if your employer doesn’t carry workers’ compensation? You may be able to sue in court for your injuries. You may be able to score more money than the workers’ compensation system would allow; however, you will have to prove that the employer was at fault for your injury, which makes the case a bit more difficult. Third Party: Perhaps the injury was not due to a product or behavior of the employer. In this case, you will be able to sue another person for damages. If a third party intentionally caused you to become harmed, you should speak with an attorney. We are there for you in your time of need. We understand how tedious it can be to file a lawsuit and appear in court for your injuries, so we are here to help you through the complex matters. Call us today at The RAWA Law Group so we can get started on handling your case.