Common Liability Factors In Truck Accident Cases

As Freehold personal injury attorneyScott D. Grossman can sadly attest, accidents involving any motor vehicle can result in catastrophic injury or wrongful death. The chances of severe injuries occurring are significantly higher, however, when one of the vehicles involved in an accident is a large commercial truck. Semi tractor-trailers, 16-wheelers, and other large trucks are more inherently dangerous than most other motor vehicles simply because of their sheer size and weight. They are dangerous even under the safest circumstances; they are frighteningly more so when truck drivers or their employers act negligently, or when the road or weather conditions are less than ideal.

The Freehold truck accident attorneys of the Grossman Law Firm can help you if you have been injured or if a member of your family has been injured or killed in a truck accident that was caused by someone else’s negligence. Scott D. Grossman can help you understand your rights and legal options, as well as determine whose negligent behavior was responsible for the accident. In doing so, he can prove in court where liability for your losses and expenses lie.

What Is Liability?

Liability refers to the financial responsibility of the defendant for the losses and expenses suffered by the injured plaintiff in a personal injury claim. In order for the defendant to be found liable, the plaintiff’s attorney must be able to demonstrate that the defendant’s negligence directly contributed to the plaintiff’s injury. Negligence is proven through showing that:

  • The defendant owed the plaintiff a duty of care
  • In failing to behave as a reasonable person would behave under the same circumstances, the defendant breached this duty of care
  • As a result of this breach, the defendant was injured
  • The defendant’s injury resulted in demonstrable losses and expenses

If negligence can be proven, the defendant may also be ordered to compensate the plaintiff for such non-monetary losses as pain and suffering. In cases of extreme negligence, punitive damages (damages in excess of the losses and expenses sustained by the plaintiff) may also be awarded.

Common Causes of Truck Accidents

Although the specific circumstances surrounding an accident are usually unique, most instances of negligence in truck accidents fall into one of several common categories. These include:

  • Driver negligence – A truck driver may be held liable for the plaintiff’s injuries if he or she was distracted (for example, while speaking on the radio), intoxicated (by illegal or prescription drugs or alcohol), speeding, driving recklessly, or exhausted (often by failing to take legally mandated breaks or driving in excess of the number of hours allowable in a 24-hour period). A driver may also be held responsible for accidents that occur due to his or her decision to operate a truck in hazardous weather conditions.
  • Trucking company negligence – A trucking company can be held liable for the plaintiff’s injuries if it failed to train a driver properly, failed to inspect the vehicle for safety, failed to perform regular maintenance on the vehicle, failed to repair known problems with the vehicle, or pushed the driver to work more hours than allowable in a 24-hour period.
  • Defective truck products – Faulty brakes and other defective automotive parts can indicate liability on the part of the manufacturer of those parts.
  • Road defects – In cases resulting from defects in the road, the responsible party may include town, city, or state governments, independent contractors, or a construction firm.

Whatever the cause of the accident in your case, our Freehold car accident lawyer will identify all acts of negligence and take aggressive action against any and all parties that are responsible for your losses and expenses.

Contact the Grossman Law Firm Today

To learn more about your rights and options if you or someone you love has been involved in a truck accident, please contact Freehold personal injury lawyer Scott D. Grossman today.

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