3 Questions to Ask After a Trucking Accident

 Posted on August 23, 2022 in Truck Accidents

When an 18-wheeler crashes, it can cause extreme harm to others involved. Smaller personal vehicles offer little protection from the forces involved in trucking accidents. You may be worried about how you can prove that the trucker or trucking company was at-fault if their insurance company resists admitting liability. You will need to know exactly what kind of negligent behavior the trucker was engaged in during the moments leading up to the crash. If the crash was cauesd by an equipment malfunction, you will need to know whether a part of the truck failed and contributed to the crash. Most importantly, you will need an aggressive attorney to fight for the settlement you deserve. There are a series of questions that your attorney will want to determine answers to during the truck accident injury claim investigation. 

Information Your Attorney May Seek Out

Investigating a trucking accident can be complicated. Because these crashes involve extreme forces, the accident scene may be quite a mess. Finding out exactly what happened can be quite an undertaking, but our lawyers are always up for the task. Some questions your lawyer will want to determine include:

• Was the driver intoxicated? - By federal law, the truck driver will need to be drug and alcohol tested shortly after the crash if they were issued a citation. It is more common than you would hope for big rig drivers to have a few drinks before getting on the road. Stimulant use is also common. 

• Was there an hours of service violation? - Truck drivers are required to comply with very strict laws governing how long they can keep driving without a break, and how long that break must be. An overly exhausted driver who has been on the road for too long is far more likely to cause an accident than a well-rested driver. 

• Did a truck part fail? - Sometimes, trucking accidents are the result of a defective or defectively installed part. If this is the case, your attorney will need to find out who was responsible for the malfunction. If a part was defective, the manufacturer could be liable. If the part was poorly installed or repaired by a careless mechanic, they may be liable. However, if the accident was the result of the trucking company’s failure to maintain their fleet in a safe condition, then the trucking company is may be legally responsible for the crash.  

Uncovering this information requires skill and experience. This is why it is so important for you to have legal representation after a trucking accident. 

Contact an El Paso County Truck Accident Lawyer

If you have been injured in a truck accident, James Kennedy, P.L.L.C. can help you get answers and pursue compensation. Our team of skilled El Paso truck accident attorneys can investigate your accident thoroughly to uncover the cause. Call 915-544-5200 for a free consultation. 

Source:

https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/what-tests-are-required-and-when-does-testing-occur