Collisions with large trucks can be devastating, especially for people driving cars or motorcycles. If you were recently struck by a truck and were left injured, you have the right to sue for the damages you incurred. To do this, you must hire a truck accident attorney, and one of the main things he or she will do is look for mistakes made by the truck driver or trucking company. Here are four things truck drivers do that can lead to major accidents, and your attorney will use this information to pursue a large settlement for you.
Driving While Tired
The Federal Motor Carrier Safety Administration is responsible for setting rules relating to the number of hours truck drivers can work. The purpose of this is to keep the roads safe by limiting the amount of time truck drivers can spend on the roads. While the rules are somewhat complex, the main rule is that a driver can only drive 11 hours in a row, as long as he or she had a 10-hour period off work.
If the driver that hit you was not following these rules, you could use this as evidence of negligence. The driver may have been on the road much longer than he or she should of and may have been tired. To find out if this is the case, your attorney will look at the driver's log. All truck drivers must carry a log, which contains the actual time he or she spent driving.
Carrying Too Much Weight
If you have ever driven on an interstate, you have probably seen weigh stations on the side of the road. These stations are there to enforce the weight restrictions on trucks. If trucks are found carrying too much weight, they can end up with fines and tickets. The normal weight limit for a truck is 80,000 pounds, and this limit is designed for safety purposes.
When trucks carry too much weight, they can have a hard time stopping when necessary. The extra weight can also be hard on the truck's tires and brakes, which may lead to an increased risk of tire blowouts and brake failures. When an overloaded truck crashes, the results can be disturbing for other parties involved.
If your attorney discovers that the truck that hit you was overloaded, he or she will use it as a defense in your case. Driving an overloaded truck is illegal, and this factor could help you win a larger settlement for your case.
A third potential cause of truck accidents can be linked to drivers driving aggressively. Speeding is considered aggressive driving, but aggressive driving can also occur when a driver fails to follow other driving rules. For example, if the driver was passing a car in a no-passing zone, this could be considered aggressive driving.
Your attorney can gather evidence from the accident scene to determine if this factor was present. The evidence proving this often comes from witnesses and skid marks on the road at the accident scene.
Driving A Truck That Was Not Properly Serviced
Finally, when trucks are not properly serviced and maintained, they may present a higher risk of failure while on the roads. The brakes on a truck are an important part that must be taken care of properly, but there are other important parts too. If a part on the truck breaks because of poor maintenance, your attorney could use this as evidence to prove the fault of the truck driver.
To prove this, your attorney might ask the trucking company for service records for that particular truck. The attorney could also hire an expert mechanic to look over the truck after the accident to see if there is evidence of poor maintenance or faulty parts.
If you want to settle your truck accident case, you must begin by hiring a truck accident lawyer, such as those found at sites like http://www.ggwmlawoffice.com. The lawyer may investigate these four things, and the evidence found from the investigation can be used during your lawsuit.