There are several types of dangerous truck accidents including jackknifing, rollovers, exceeded weight capacity, and drivers under the influence of drugs or alcohol. Semi-truck accidents can have serious consequences. These consequences can be severe, so it is imperative to determine the cause of the accident and define the type of accident. These two factors help to make up the basis for a demand for compensation. Hiring an experienced semi truck accident attorney at Bennett Johnson, LLP in Oakland, CA, is key to making sure you are fully compensated for your injuries.
Types of Truck Accidents
Because the trucking industry is governed by detailed regulations at the state and federal level, the approach taken when seeking compensation for injuries depends on the type of accident. For instance, if the accident were the result of failing to log hours driven, the strategy would involve examination of the electronic data, as well as driver behavior and company policies. But if the accident was caused by a rollover, the strategy would shift focus to driver behavior and pattern, rather than examining hours logged. To be clear, nearly every case will involve a mixture of focusing attention on every variable, but the intensity of that focus changes with the type of accident involved.
Determining the cause and type of semi truck accident is key to determining the amount of damages the victim is owed.
An Explanation of Different Types of Trucking Accidents
Knowing what type of trucking accident occurred helps to paint a clear picture of the case. Some basics about the different types of trucking accidents include:
- Jackknifing: Jackknifing occurs when the driver slams on his brakes. The cab of the truck may stay straight, but the back end can swerve to the right or left, knocking out any object in the skid path. The truck will eventually come to rest with the trailer of the semi at a 90-degree angle to the cab.
- Semi-Truck Rollover: When the driver loses control of his or her semi, the truck will roll onto its side and may even slide in this position for some length. When that happens, vehicles and other objects in the path of the slide will be damaged.
- Failure to Follow Weight Capacity Guides: Loading cargo that exceeds the weight capacity can give a semi more momentum and make it harder to stop. An accident that results from an overweight semi can result in bodily injury for which the victim is entitled to compensation. However, there is also an element of regulatory noncompliance to address. Drivers can potentially lose their license when transporting cargo that is more than the weight limit regulation, and the company that employs the driver can also be held responsible for the failure to abide by this safety regulation.
- Traffic Laws: Just like semi-truck drivers have to follow state and federal trucking industry regulations, they also have to abide by the rules of the road for all motorists. When a driver exceeds the speed limit and causes an accident, the injured party should include the traffic violation as part of their complaint for damages. This is true for any type of traffic violation such as, speeding, reckless driving, or driving under the influence of alcohol or drugs. In the case of a DUI, the driver will likely face arrest, and the information from that case should be looked at and presented as part of the evidence for damages.
- Manufacturer and Equipment: In some cases, an accident happens through no fault of the driver, but is due to malfunctioning parts or equipment. The parent trucking company has a duty to put drivers in a safe truck and can bear some liability when an accident happens as a result of poorly maintained trucks. In some cases, the manufacturer may also be held accountable, if the parts that malfunctioned were not made properly. In those types of semi accident cases, it is crucial to explore every avenue of liability, and hold each responsible party accountable for the damage done.
Contact Our Office for More Information
When a trucking accident happens, we know the damages are significant and devastating. Our attorneys have over 40 years of experience in helping people who have been in an accident involving the commercial trucking industry and will work hard to make sure you receive the compensation you deserve. Contact our office online today to schedule your consultation. You can also call our office at (530) 413-0245.