18 wheelers have been a part of traffic for quite some time now. It’s been a common complaint of normal drivers that these behemoths are scary. No one likes to drive too close to these big guys. And neither does anyone want to be involved in an accident with them. The consequences are quite devastating in case a normal vehicle is hit by these giants on 18 wheels or vice versa. And in both cases, the normal small vehicle is the one with the most damage. After all, how could a typical passenger vehicle be a match for this 80,000-pound 18-wheeler truck?
How common are truck accidents?
Accidents involving this big rig are actually more common than one might think. And of the around 500,000 accidents per year in the U.S., the area of West Texas has a bit high percentage of them. This is usually due to the oil and gas boom in the Permian Basin. Thus, being negligent around these big rigs is something everyone should avoid. Being as far away as possible from them is the best choice to make.
Common Reasons for Truck Accidents
Some reasons that crop up commonly in a lot of 18-wheeler accidents are:
- Distracted driving
- Driver fatigue
- Reckless driving
- Insufficient training
- Defective mechanical parts
- Inadequate maintenance
- Overweight or poorly loaded cargo
Legally responsible parties in 18 wheeler accidents
- Truck driver
- Employer of the truck driver or Trucking Company
- Truck or its parts manufacturer
- Related cargo company
How are 18-wheeler accident claims handled?
The laws for handling 18-wheeler accidents may vary from state to state. In Texas, the laws state that negligent drivers are to compensate the victims. While in some cases the fault may be crystal clear, in some more ambiguous cases the fault may be divided among parties. The laws in Texas follow the modified comparative negligence rule for motor accidents. This means that even if the party is at fault, they, still, will be entitled to compensation till they were not more than half of the party responsible for the accident:
In case the party is more than half responsible for the accident—
No compensation will be awarded
In case the party is more than half responsible for the accident—
The compensation amount will be reduced by the estimated responsibility of the party
Things to prove; In case the party is partly responsible
Duty of care: The first and foremost factor in an 18 wheeler accident is to take note of the truck driver’s responsibility to follow traffic laws.
Breach of duty: Proving that the truck driver was the one at fault due to breaching his duty of following proper laws is one way to go about
Causation: Making the cause of the accident clear is also one of the ways to determine the parties to be blamed
Damages: An 18 wheeler accident attorney also needs to prove the damage to the victim and the financial compensation necessary.
The first thing to do after an 18 wheeler accident
The first and most important step after an 18 wheeler accident is to make sure of the health of everyone on the site and call the police. It is a good practice to not let the related parties leave before the arrival of the police.
An accident involving 18 wheeler is quite severe in many cases than not. It is often seen that the trucking company’s insurance adjuster makes contact with the affected party before the lawsuit is filled to discuss settlement. This is a route one may take if they are satisfied but the amount in this discussion may be lower than the amount one may be legally entitled to.
Since it is a strategy to reduce liability, the insurance company for the trucker often tries to put partial blame on you, regardless of the actual fact. Therefore, discussion with your attorney before filing an 18-wheeler accident lawsuit is a good practice. Once they formulate appropriate strategies, experienced 18 wheeler accident lawyers can ward off these unjustified claims and protect one’s legal rights much efficiently.
