IMPORTANT LEGAL THINGS TO KNOW ABOUT TRUCK ACCIDENTS
To pursue a personal injury claim as a result of injuries sustained from involvement in a truck accident, there are a few important things to know about truck accidents. They are unlike regular accidents for varying reasons. The vehicles involved are bigger and take up more space than regular vehicles. Trucking accidents are not as common and because of their size and function, there are specific standards and regulations required of them to be considered roadworthy.
According to Munley Law Wilkes-Barre, violation of these regulations often tops the reasons why trucking accidents occur and understanding them before filing a suit will greatly improve the odds of being compensated for sustained injuries or damages.
The Time of The Accident.
Legally truck drivers are only allowed to drive for a maximum of 11 hours within a 14-hour time frame. They must also be off duty for 10 hours of the 24hr day to ensure they are well-rested and stable enough to continue their journey without incident. A violation of this law makes them liable if an accident occurs. If it is ascertained that the accident occurred while the driver was supposed to be off duty or that he had been driving non-stop for 14 hours, it will be held against him and will help build the claimant’s case.
Statute Of Limitation.
Some other truck accident FAQs are about how long a claimant has to file a claim before the statute of limitation on the incident passes. There is a specific duration during which a victim can file a complaint against a trucker or the company, depending on the state where it occurred. Once that window closes, it is no longer possible to pursue compensation. This is why it is important to ascertain the extent of the injury and damage sustained and file a suit as quickly as possible. Even if there is still time, a year after an accident is still unwise because so much time and has passed. Evidence is probably corrupt and witnesses could have forgotten important information. Striking while the iron is hot is always best.
Truck Driver’s Training and Fitness.
It is incumbent upon the truck driver and the company he works for to ensure that he is well trained and fit enough to operate such a huge machine and move it across state lines. It is typical to try to shift blame to the victim. A good personal injury lawyer will try to ascertain how well trained and fit the driver was at the time of the incident. He will also try to establish whether or not the company conducted regular training and health examinations on their staff as required by law. If they have not, it makes them liable for injury and damages in the event of an accident.
Several laws establish the conditions under which trucks can operate within and outside the state. Understanding these laws and how they apply can help a victim in his pursuit of compensation. Having a good injury attorney will ensure that the right questions are asked, the conduct of the driver and the company are well investigated and the client gets the appropriate amount of compensation.