Recognizing Negligence in a Michigan Semi-Truck Crash
If you have been in a semi-truck accident, it is understandable that your thoughts would be preoccupied with your severe injuries and their effects on your day-to-day life, leaving you little time or energy to focus on legal matters such as the question of whose negligence is responsible for the crash. However, determining the answer to this question is crucial when it comes to securing the financial compensation you need to address your injuries. Fortunately, an experienced personal injury attorney can handle this matter for you while you recover.
Driver and Trucking Company Negligence
Typically, when you are involved in a motor vehicle accident, your first instinct may be to assume that liability lies with another driver. It is true that in many accidents involving large commercial trucks, the truck driver’s negligence is a contributing factor, meaning that he or she is liable for resulting injuries. However, the driver’s employer often shares responsibility in these cases, including in situations that you may not expect. For example:
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If the accident was caused by the driver falling asleep at the wheel or other effects of truck driver fatigue, the driver’s employer may be partially liable if they allowed or encouraged the driver to exceed federally regulated on-duty service hours, or if they failed to maintain proper service hour records.
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If the accident was caused by a driver who was under the influence of alcohol or another controlled substance, the driver’s employer could be liable if they failed to follow federal drug testing procedures and this failure allowed an unsafe driver to remain on the road.
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If the accident was caused by loose or shifting cargo, the trucking company and employees responsible for securing the cargo according to federal standards may share the liability for the crash.
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If the accident was caused by failed equipment such as the truck’s brakes or tires, the trucking company may be liable for failing to detect and repair defects to ensure that the vehicle is safe for the road.
Recognizing a situation in which a trucking company may be liable can sometimes help you increase the amount of recoverable compensation for your damages. A large company often has higher liability insurance limits than an individual driver, which can be crucial in recovering full compensation when your medical expenses and other losses are especially high. However, it is also important to keep in mind that trucking companies often have experience defending against claims of negligence, so it is important to have an attorney on your side who can advocate strongly on your behalf.
Contact a Grand Rapids Truck Accident Attorney
Attorney John D. Tallman will help you ensure that you have the evidence necessary to demonstrate negligence in a truck accident and a strategic approach to your claim that gives you the best chance of recovering the most compensation. To schedule a free consultation with our diligent Kent County, MI personal injury lawyer, call us at 616-361-8850 today.
Sources:
https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules
https://www.fmcsa.dot.gov/safety/passenger-safety/inspection-repair-and-maintenance-motor-carriers-passengers-part-396
https://www.fmcsa.dot.gov/regulations/hours-of-service
https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/overview-drug-and-alcohol-rules-employers
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