Trucking is essential to the modern economy, facilitating the massive growth of online shopping and transporting products across the United States. While this innovation and expansion have greatly improved the lives of many Americans, this growth does not come without its challenges and drawbacks. One of the more significant of these challenges is the increased risk of trucking accidents, with more semi trucks on the roads now than ever before. Trucking accidents can be devastating, and often come with severe injuries and great financial losses in property damage. Therefore, knowing how to navigate a trucking accident insurance claim and being prepared for the fallout is a useful skill to have.
Trucking accidents tend to be more legally complicated than standard vehicle accidents. Due to the complexity of the industry, liability may be more difficult to determine based on several factors that can vary between accidents. Additionally, due to the size and weight of most loaded semi trucks, trucking accidents may lead to more severe property damage and potentially more damaging injuries than a standard car accident. If you or a loved one suffered an injury or property damage from a trucking accident, an experienced trucking accident attorney from Zavodnick & Lasky may be able to help. Call the office today at (215) 999-6742 for a free personal consultation with an attorney.
Why Truck Accidents Are Different
Most people assume that truck accident claims are the same as standard car accident claims. However, this is generally untrue. Trucking accidents tend to be much more complex than car accidents for several reasons. A truck crash often brings with it severe injuries and high property damage, particularly if the truck collides with a much smaller vehicle. That intense amount of force can cause severe injuries like traumatic brain injuries (TBIs), broken bones, and internal organ damage. Accounting for the likely significant damage to the injured party’s vehicle, the repair and medical bills can begin to stack up quickly.
Additionally, the legal landscape of trucking accidents is quite different from standard car accidents. Most truck drivers are employed by a trucking company, and many large trucking companies have more extensive financial resources to spend on an advanced legal team. Determining liability may also be a challenge, as there are often multiple parties who may bear partial fault for the trucking accident. Take this, combined with state and federal trucking regulations and complex insurance policies, and it becomes clear how trucking accident claims can be much more difficult than a car accident.
Who May Be Liable in a Truck Accident?
According to Del. Code Ann. 10 § 8132, the state of New Castle, DE subscribes to a modified comparative negligence model when it comes to determining liability. This means that the injured party may receive compensation for their damages if they are less than 50% liable for the accident. If they are more than 50% responsible, they will be barred from compensation. Additionally, if they are within the bounds to receive compensation, the awarded damages will be reduced according to the amount of fault they bear. For example, if a driver was 20% liable for an accident, they would receive only 80% of the value of their claim. If they are liable for 51% or more, they will receive no compensation.
However, this does not answer the question: Who is liable for trucking accidents in New Castle, DE? This is often a more complex and challenging question.
Truck Driver
The primary party that may be liable for a truck accident is the driver. Naturally, negligence on the road or failure to comply with traffic laws and federal trucking regulations could lead a truck driver to have an accident. Negligent behaviors could include common violations such as speeding, improper turns and signalling, and driving under the influence of drugs or alcohol. However, this is not the extent of the possibilities. Truck drivers are also held to certain safety requirements, such as those established by the Federal Motor Carrier Safety Administration and the relevant state authorities. These may include rest break requirements, restrictions on haul distances, and vehicle regulations.
Trucking Company
Additionally, the trucking company that hired the driver may bear partial liability for a truck accident. If a trucking company was aware of negligent behavior and failed to discipline or terminate the negligent employee, it may also bear responsibility for the accident. If the company had a duty of care to properly vet the employee and failed to do so, this may also constitute negligence.
Maintenance
As opposed to personal vehicles, which are primarily maintained by the owner, trucks and trucking companies may have dedicated mechanics and maintenance employees who are responsible for ensuring the operation of these vehicles. Semi trucks generally experience intense strain on their equipment daily, which puts them at a much higher risk of maintenance-related accidents. Negligence on the part of these responsible parties may imply liability for the accident. However, this may only come into effect if the truck crash was caused by faulty equipment.
Cargo Loading Company
Another factor that can contribute to trucking accidents is the improper loading of cargo. An unladen semi truck weighs much less than a loaded one, and if this additional weight is not secured properly, it can unbalance the truck and lead to a crash. Loading companies often employ specific practices to ensure cargo is tied down and properly balanced, so that the truck and driver are safe. Failure to follow these safety guidelines could unbalance a truck and lead to a trucking accident.
What Compensation Can You Seek After a Trucking Accident?
Compensation for trucking accidents can take many forms, but often includes several different types of compensation. New Castle, DE courts generally recognize two categories of damages, economic and non-economic. Economic damages include anything that costs an individual financial resources. This means that medical bills, property damage, lost wages, vehicle repairs, and others are all considered economic damages. These are generally easier to calculate, as they have real, tangible value. However, New Castle, DE courts also recognize non-economic damages. This type of damage cannot be counted or calculated, but can still have an immense effect on an individual’s life. Non-economic damages may include pain and suffering, loss of enjoyment of life, or psychological trauma such as PTSD.
Speak With a Truck Accident Attorney in New Castle, DE Today
New Castle, DE trucking accidents can be incredibly damaging and even catastrophic, but even that is not the end of the story. Navigating the complex legal landscape of New Castle, DE trucking accidents can be complicated and overwhelming. Victims may quickly feel like the entire system is against them. However, this does not have to be the case. A seasoned New Castle, DE trucking accident attorney from Zavodnick & Lasky may be able to assist with evaluating a case, negotiating with the trucking company’s insurance, and helping you have peace of mind through the process. Consider calling to schedule a free appointment at (215) 999-6742 for details.
