Accidents involving commercial trucks can result in injuries that far exceed the typical consequences of a car accident. Given the potential severity of truck accident damages, as well as some other considerations, litigation stemming from these cases also has some special characteristics. People in Oklahoma who are injured in a truck accident should understand some of these factors that can make their legal case different from an ordinary auto accident claim.
As with any accident, it is critical to do a thorough investigation into the possible causes of a truck accident. But, unlike other motor vehicle accidents, many trucks have GPS systems and black boxes that provide evidence that would not be available in other crashes. Likewise, truck drivers usually have an employment and driving record that details not only any prior accidents or driving infractions, but also their experience and training when it comes to driving a truck.
Another distinguishing characteristic of truck accident cases is that victims may have legal recourse against parties Justin addition to the other driver. If the driver is employed by a trucking company, a claim can be brought against the company based on the legal doctrine of respondeat superior, which holds employers liable for the negligence of their employees in the course of their employment. In addition, the trucking company may be independently negligent. Accident victims can often benefit from an investigation into the truck company and its history of accidents, citations and adherence to industry standards.
The question of regulatory compliance is another factor that makes truck accident cases different. State and federal governments heavily regulate commercial trucks, and a truck company's or driver's failure to follow the regulations could be evidence of negligence. For example, the driver's trucking log could show that the driver was on the road too many hours prior to the time of the accident.
Truck accident litigation has the same basic components that are involved in any other motor vehicle accident case. However, they also include many other factors that go beyond the usual accident claim. Understanding these details can mean the difference between winning and losing a truck accident case.
Source: Huffington Post, "A Brief Introduction to Commercial Truck Accident Litigation," Brad Reid, Sept. 19, 2016
