Semi-Truck accidents are one of the most powerful and devastating accidents there are. The size of a semi-truck is its best and also worse quality. Certainly, driving in a bigger vehicle is safer, but it is also more dangerous when an accident occurs. A semi-truck that hits another vehicle can crush it beyond imagination.
Being compensated after an accident can be difficult because there are many factors associated with a motorist accident like who was at fault? Why did the accident happen? Were there addition vehicles involved? Does the driver have insurance? Was the driver at-fault for the accident? Is there comparative negligence? And many more factors.
Trying to figure out the answers to these questions alone after an accident involving a semi-truck can be difficult for a person that does not fully comprehend the legal aspects associated with accidents. A semi-truck personal injury attorney in Miami can help the victims establish liability and work towards acquiring the maximum reward for their damages.
Who Does Liability Fall On in a Semi-Truck Accident?
It may be hard to tell who was at fault during a semi-truck accident. Many times, an investigation will need to take place in order to find out who is responsible. Many entities could have been the cause of the accident, some of those include:
- The manufacturer of the semi-trucks components, trailer, or truck itself (equipment malfunctions)
- The driver of the semi-truck
- The person who owns the semi-truck
- The employer of the semi-truck driver
- The leasing company of the semi-truck
- A road hazard
- The leasing company’s owner of the semi-truck
- The other driver of a vehicle
- And more
Most of these parties will deny liability and will not want to admit guilt. Evidence will be collected to strengthen the victim’s case with the help of a semi-truck accident lawyer specialist that knows how to determine who is going to be held liable.
Why Do Semi-Truck Accidents Occur?
Semi-Truck accidents can happen for a wide variety of reasons. Sometimes it is purely just an accident, while other times it could be prevented if certain entities were more careful. Many reasons can be grounds for a lawsuit. Some of those motives consist of the following:
The majority of the time, negligence is the main cause of an accident. A driver of a semi-truck can display many negligences on the road. How does a semi-truck driver act negligently while driving? Many people may wonder. These following acts can be the reason why a semi-truck accident occurs:
- The driver of the semi-truck may lack the experience of driving a truck
- The driver of the semi-truck might be too exhausted because they drove for long hours without taking a break
- The driver of the semi-truck might have been speeding and not abiding by the traffic laws
- A vehicle that enters the semi-trucks blind spot may not have been seen
- The semi-truck was improperly loaded
- The driver drove on roads that are restricted to trucks
Product Liability Lawsuit
Sometimes, a semi-truck may go through an equipment failure that can constitute a product liability lawsuit. How is that determined? An injured party has to show the following:
- That the part of the truck or the truck itself was dangerous
- Since the semi-truck was purchased, its performance has not changed
- The manufacturer intended for the semi-truck to be operated that way
In order to prevail in a product liability lawsuit, the attorney of the plaintiff has to prove that the defective equipment was the sole cause of the accident. An attorney will most likely hire experts to testify, conduct some analysis, and perform testing of the equipment.
Road Threat Lawsuit
An accident is not always caused by a driver or manufacturer. A road hazard can also be the cause of an accident. Sometimes these hazards are caused due to poor maintenance, while other times it is caused by mother nature. Getting in an accident due to a road hazard can be the fault of many entities. Some of those entities include:
- The city
- The person is charge of maintaining the road
- The owner of the property where the accident occurred, and
To figure out who is responsible for a road hazard accident, an investigation would have to occur.
How Does A Semi- Truck Accident Lawyer Assist the Victim
A lawyer will assist their client in many ways after an accident. For one, they will be the one’s dealing with the insurance companies. The insurance companies will always try to avoid liability or try to turn words against the plaintiff. Secondly, the lawyer will hire accident experts and investigators to acquire as much evidence as possible to ensure that the guilty party is held responsible for ALL damages. Along with these actions, a semi-truck accident litigator can do the following to help their clients:
- Review any video footage that may have been present at the time
- They will go over medical records
- If there were any witnesses present, the lawyer will interview them to see who will be an asset to the case
- The accident and police records will be also reviewed by the lawyer
- The medical staff that assisted the injured victim will get interview
- Accident experts will be hired to recreate how and why the accident happened
Semi-Truck Accident Statistics
Semi-truck accidents are usually fatal. These following statistics will show how damages and how often semi-truck accidents occur:
- At least one fatality comes from a semi-truck accident in 98% of all semi-truck accidents
- There are about 5,000 people in vehicles that die from a collision with a semi-truck every year
- About 700 semi-truck drivers die from collisions every year
- There are about $15.5 million trucks around the United states; 13% of them are big rigs, tractor trailers, 18th wheelers, and semi-trucks
- 64% of fatal semi-truck accidents involve one trailer
Semi-Truck Accident Case Verdicts
Semi-Truck Trailer Hits Vehicle
In 2012, a couple was driving on Interstate 57 in Illinois when a semi-truck struck them as they waited for an accident that occurred earlier on the interstate to be cleared. The trailer of the semi-truck dislodged and hit their vehicle and they were awarded $5.2 million for their damages.
Improperly Parked Tractor
The family of a person who was killed through a wrongful death claim was awarded $3.150 million. A tractor was partially parked on the highway of a semi-truck and the driver of the vehicle crashed into it. He was killed instantaneously.
Couple Gets Severely Injured in Semi-Truck Accident
A wife and husband were involved in a car crash with a semi-truck that left the wife with spine and head injuries and the husband with shoulder, knee, and hand injuries. After a six-day trial, the couple was awarded $2.7 million combined for their injuries.
Semi-Truck Accident Attorneys Here To Support Victims in Miami
Being severely injured to the point of developing a disability or being wrongfully killed in an accident involving a semi-truck can be a traumatic event for all parties involved. Accidents can occur for many different reasons and different parties can be the cause of the accident. The semi-truck attorneys at Percy Martinez Law Firm comprehend how much pain a person might be experiencing or the emotional strain that the death of a loved one can bring a family. They are here to provide all of their knowledge and support for the victim and their families.
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