Semi truck on the road

Trucking Accidents: Causes & Liability

Common Causes of Truck Accidents

Driver fatigue is one of the most prevalent causes of truck accidents. Long hours on the road can lead to exhaustion, affecting a driver's reaction time and decision-making abilities. This issue is further compounded by the pressure to meet tight delivery schedules, often pushing drivers to skip much-needed rest periods.

Another common cause is equipment failure, which can result from inadequate maintenance. Regular inspections and timely repairs are crucial in preventing accidents related to brake failures, tire blowouts, and other equipment-related issues.

Less Common but Significant Causes of Trucking Accidents

While not as common, weather conditions and load issues contribute significantly to truck accidents. Inclement weather, such as heavy rain, snow, or fog, can affect visibility and road conditions, making it challenging for even the most experienced drivers to maintain control of their vehicles. Load issues, including overloading and improper loading, can destabilize trucks, leading to rollovers and other types of accidents. These causes, while less frequent, underscore the importance of proper load management and weather-aware driving practices.

Company Policies and Their Impact On Trucking Accidents

Company policies, particularly those related to scheduling and maintenance, can either mitigate or exacerbate the risk of accidents. Scheduling policies that push drivers to meet unrealistic deadlines can lead to fatigue, a major cause of accidents.

On the other hand, stringent maintenance policies can prevent accidents caused by equipment failure. Regular inspections and prompt repairs ensure that trucks are in optimal condition, reducing the risk of on-road breakdowns and accidents.

Determining Fault in Truck Accidents

The driver's role in the accident is often the first aspect considered when determining fault. Factors such as fatigue, distraction, or violation of traffic rules can point to the driver's liability. However, the trucking company can also be held responsible in certain situations. For instance, the company could be deemed at fault if the accident resulted from poor maintenance practices or aggressive scheduling policies.

The Role of Insurance Companies in Determining Liability

Insurance companies play a significant role in evaluating claims and determining payouts in trucking accidents. They conduct thorough investigations, examining evidence, interviewing witnesses, and reviewing documents to establish liability. However, it's important to note that insurance companies often aim to minimize payouts. Therefore, having a competent truck accident attorney can be crucial in ensuring a fair settlement.

Legal Recourse for Victims of Trucking Accidents

Victims of trucking accidents can seek compensation through personal injury claims. These claims can cover medical expenses, lost wages, pain and suffering, and other damages. However, navigating the legal process can be challenging, making the role of a truck accident attorney crucial. An experienced attorney can guide victims through the complexities of the legal system, ensuring their rights are protected and they receive the compensation they deserve.

Preventing Trucking Accidents: Safety Measures and Best Practices

For truck drivers, prioritizing rest and sleep is essential. Adhering to the hours-of-service regulations can help prevent fatigue-related accidents. Additionally, safe driving techniques can contribute to road safety, such as maintaining a safe distance from other vehicles, regular mirror checks, and adjusting speed according to road and weather conditions.

Contact Our Experienced Trucking Accident Attorneys at McGinn Montoya Love Curry & Sievers PA

If you or a loved one has been involved in a trucking accident in Albuquerque, NM, the experienced attorneys at McGinn Montoya Love Curry & Sievers PA

can help. We are dedicated to helping victims navigate the complexities of trucking accident cases and securing the compensation they deserve. Contact us today to learn more about our services. (505) 405-4441


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We are dedicated to supporting families during the most challenging times, with a focus exclusively on cases involving catastrophic injuries or the loss of a loved one. Please reach out if you have any questions. We look forward to speaking with you.

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