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Truck Accident Liability Issues

Some deadliest crashes on American roads are because of truck accidents. Fatalities in a truck accident are common but who gets more chances of dying, driver or passengers in other vehicles? Reports show that the chances of passenger vehicle drivers being killed are about 3x more compared to truck drivers.

Statistics Regarding Truck Accident Fatality

According to the 2018 statistics of IIHS (Insurance Institute of Highway Safety), the number of people killed in accidents including large trucks was 4,163. Their ratio of truck accidents that happen every year is high as compared to the passenger vehicles.

The research of IIHS shows that 67% of people who died in truck accidents were passengers and drivers of other vehicles. 18% of fatalities in these accidents include truck drivers whereas 15% were cyclist, motorcyclist, and pedestrian (in total).

Why Do Fatality Rate in Passenger Vehicle is Higher in Truck Accidents?

Severe impact in the collision is one of the reasons that occupants of the passenger vehicle are at higher risk as compared to truck drivers. Also, trucks are about 20 to 30 times heavier than the other automobiles on the road. The height of the truck also provides more protection to the truck drivers when their trucks collide with the smaller vehicles.

Liability in the Truck Accidents?

One of the critical issues in the truck accident is determining which party is at the fault. To get recovery for your loss you must have proof that the truck driver or other party was negligent. Often, trucking companies are held accountable for the negligence of their employees.

Truck drivers are held personally responsible in the crash if they were independent contractors. Sometimes, trucking companies try to prove that the truck driver is not their employee but an independent contractor to save their selves from being sued.

Under tax and employment laws, there are some specific conditions that contractors must meet. The truck driver is employed and not an independent contractor if the truck company is paying the employment taxes such as Medicare, federal unemployment taxes, and Social Security.

The liability also lies on the other parties for the truck crash. If the defective parts of the vehicle contribute to the collision then the manufacturer may be sued. Likewise, if the cargo is loaded improperly and caused the crash then the cargo loader may be held liable.

Here are some negligence on part of drivers (either truck or other vehicle driver) that causes the truck accident

  • Speeding
  • Driver fatigue
  • Careless driving
  • Distracted driving
  • Driver impairment
  • Poor maintenance of vehicle
  • Equipment defects or failure
  • Improper cargo loading

Irvine Personal Injury Lawyer

If you or someone you know got injured or died in a truck accident, then you have the right to protect yourself by getting compensation. The victim is entitled to claim compensation for the injuries through legal action.

Irvine Personal injury attorneys have guided so many case victims to recover their compensation that they may need to secure their future health and financial condition after the accident. Only a skilled personal injury attorney can get you the best possible results for your case.

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