CONTACT OUR DENVER PERSONAL INJURY FIRM TODAY
Commercial trucks like tractor-trailers, big rigs, and eighteen-wheelers can weigh up to 20 times as much as the average passenger vehicle, almost guaranteeing the destruction of smaller vehicles involved in a crash. When a passenger vehicle is involved in an accident with a commercial truck, the chance that there is a fatality or serious injury is substantially increased.
Although commercial truck drivers are professionals who have special training and must adhere to special safety regulations, many truckers and the companies they work for ignore potential safety hazards. When safety hazards go unchecked, people can end up getting hurt. Medical expenses and psychological injuries from a commercial truck accident can be overwhelming, which is why it’s important to enlist legal guidance as soon as possible.
At Elkus & Sisson, PC, our Denver personal injury attorneys are here to help you obtain fair compensation for any injuries you have sustained in a truck accident. We can launch a thorough investigation into your accident, negotiate with the insurance company and go to court if needed, all to protect your rights.
Call (303) 500-3995 or contact us online to speak with a lawyer.
POOR OR IMPROPER TRUCK MAINTENANCE
The Federal Motor Carrier Safety Administration (FMCSA) requires truck companies to complete the following safety checks. Failure to properly maintenance a commercial truck can be grounds for legal action.
Truck carriers are expected to:
- Complete a pre-trip inspection to ensure safe condition of the truck and cargo.
- Review and sign the most current vehicle inspection report and verify that needed repairs were made.
- Consistently inspect, repair, and maintain all trucks within their control.
- Complete an end-of-the-day inspection and a written report to document any new defects or deficiencies discovered during a truck’s use.
COMMON CAUSES OF COMMERCIAL TRUCK ACCIDENTS
Yes, it’s easy to assume that a driver is the only one at fault for a trucking accident, but the truth is there are several things that can cause a crash:
- Brake Failure: Because of their size, trucks require more time and room to brake. Poor maintenance can cause a truck’s brakes to fail when they are needed most.
- Defective Head & Tail Lights: Functioning head and tail lights are an important aspect of commercial truck safety. When the head and tail lights of a truck malfunction, it can make entire stretches of highway dangerous to travel on.
- Tire Defects: The tires used on commercial trucks usually wear out much quicker than the tires on passenger vehicles. If a company doesn’t frequently monitor the condition of the tires on their trucks, it can result in tread separation and blowouts.
- Rear Guard Failure: The metal bar on the back of a commercial truck is called a “rear guard.” Although these devices are supposed to be a safety feature, they can fail to work when hit by a vehicle traveling faster than 35 mph.
- Partially Loaded Cargo: Liquids that are partially loaded can slosh back and forth, upsetting the truck’s center of gravity and making it more likely to rollover.
- Unsecured Cargo: Loose cargo poses a danger to other drivers on the road and increases the likelihood of the truck overturning.
WHO CAN BE HELD LIABLE FOR A TRUCK ACCIDENT?
If you are in a crash with a commercial truck caused by a negligent third-party, an experienced personal injury lawyer can pursue compensation from any one of the following parties:
- Driver: A driver can be held liable if they are speeding, tailgating, texting, under the influence or not following traffic laws. Fault also depends on whether the driver is an employee or an independent contractor.
- Trucking company: If the owner of the truck trailer acts negligently, they may be held responsible for an accident. Many times companies place unrealistic expectations on drivers, which forces their employees to ignore federal rules and regulations. An overworked driver is more likely to cause an accident than one who gets the recommended hours of sleep each night.
- Person who leased the truck: If someone is leasing the truck, they can be held liable in place of the owner.
- Third-party maintenance and repair company: If a trucking company hires a third party to maintain their trucks, they may be at fault if they are negligent during their inspections.
- Manufacturer. A poorly designed tire that explodes in the middle of a highway or a defective tire that causes an accident may be the fault of the manufacturer.
- Cargo shipper/loader: Improperly loaded and overloaded cargo can make it harder for a driver to properly control their truck. Whoever is in charge of loading or shipping the cargo may be held liable.
TALK TO OUR DENVER TEAM. CALL (303) 500-3995 TODAY
At Elkus & Sisson, we strive to help accident victims obtain the compensation and justice they deserve. With nearly two decades of legal experience, we have gained a stellar reputation for providing professional and courteous one-on-one services. If you or a loved has been involved in a truck accident, it is important that you consult with an experienced personal injury lawyer as soon as possible. We can work tirelessly on your behalf to identify which parties are responsible for your injuries and how much you can pursue in damages.
Contact us today at (303) 500-3995 to discuss your case today.