In the United States alone, there are over 388,000 truck accidents each year. This makes up 6.5% of all crashes that take place in this nation. A rough estimate of 28%, or just under 110,000, resulting in injuries. Another 11%, or slightly over 40,000, result in death. Instead of truckers, more than half of these collisions involving semi-trucks result in fatalities for passengers.
In the previous post, we talked about the different types of right-turn truck accidents; now, we’re gonna learn how to determine the liability if involved in a collision.
Determining Liability In A Right-Turn Truck Accident
You might be entitled to financial compensation if a truck accident has caused injury to you or a loved one, including injuries or even death.
Who would cover the reimbursement?
The answer: it depends on who is held accountable for the accident in the law.
Liability in each accident is decided by what or who caused it.
The driver may be at fault if they made a poor turn, didn’t utilize their right turn signal, forgot to check their blind zones, etc.
If the driver lacks a CDL, the trucking firm may be held partially or entirely liable for failing to adequately screen or train its drivers.
They may also be held accountable if they force their truck drivers to work past the FMCSA-mandated cutoff time.
A right-turn truck accident might also be the result of a truck part that was manufactured, designed, or sold that was defective.
The truck driver must have been unable to make the right turn safely due to the problematic portion.
Right-turn truck accident victims may file a product liability lawsuit to recover damages from producers, creators, and sellers.
Some of the factors that can indicate who is at fault in a right-turn truck collision include the ones listed below:
A Right-Turn Truck Accident May Be Prompted By A Poor Truck Maintenance
Poor truck maintenance can also lead to wide right-turn truck accidents. Federal law mandates that trucking companies maintain and check their fleets regularly. Every component that requires repair must be fixed. A right turn accident can be caused by malfunctioning steering systems, worn-out tires, failed or insufficient brakes, and other neglected maintenance.
Improper Truck Cargo Loading Results In Right-Turn Truck Accidents
Additionally, trucks must be properly loaded since improperly weighed or unbalanced cargo makes trucks difficult to drive and even harder to stop or slow down.
Inadequate loading can result in rollovers as well as right-hand turn accidents.
The trucking business or any subcontractors utilized to perform the maintenance or loading could be held accountable for the accident if either of those tasks contributed to it.
Poor design or flaws in the elements and parts of the truck can also cause accidents.
For instance, bad tires may result in tire blowouts.
If accidents are brought on by these elements, the manufacturer or supplier may be at fault.
Responsibility to Prevent Truck Accidents When Making A Right Turn
According to the legislation, these parties owe a duty of care to everyone using the country’s roads.
A driver has a responsibility to always drive safely and within the law.
Running secure trucks is a company’s responsibility.
To uphold their duty of care, they must routinely check, maintain, and fix trucks. The responsibility of a manufacturer is to create trustworthy products. The responsibility of a supplier is to deliver trustworthy items.
These parties have violated the duty of care when they fail to uphold it. They might be held legally accountable for damages if their lack of care contributed to the accident.
What Losses Can You Recover From a Truck Accident With a Wide Right Turn?
You can seek compensation for two different categories of damages in a personal injury claim:
Economic Damages: These are damages that come with a price tag. You can seek compensation from the negligent party’s insurance carrier for their economic value. Medical costs, lost wages, lost earning potential, and property loss are all examples of economic damages.
Non-Economic Damages: These losses lack a clear economic value. Your truck accident attorney can assist you to evaluate how the truck driver’s negligence caused non-economic damages to you and their estimated cost. In addition to pain and suffering, non-economic damages may also include mental anguish, loss of enjoyment of life, and loss of consortium.
Any damages that your insurance does not pay for may be sought through compensation. A truck accident attorney can assist in determining how the accident has affected your life and the value of your injuries. To secure you a just settlement or award, they can bargain with the negligent party’s insurance provider.
Injuries from Serious Truck Accidents Damages
Some laws enable victims of serious injuries to go beyond no-fault and file a lawsuit for both monetary compensation as well as non-monetary damages like pain and suffering.
No-fault insurance does not cover non-economic damages, and persons cannot claim them unless they have a severe injury as defined by the law and file a lawsuit.
Any one of the following at least qualifies as a severe injury:
- Broken bone (s)
- Severe deformity
- Permanent restriction of a body parts or organ’s functionality
- Significant restrictions on a body system or function
- A 90-day period of substantially complete disability due to an injury
Keep a note of all medical appointments linked to the truck accident if you were injured. Emergency rooms, ambulance services, doctor’s offices, hospitals, pharmacies, physical therapy, and other services are among them.
To learn more on how you can protect yourself as a truck driver, visit our website or follow our official accounts now.