If you were involved in an accident involving a large commercial truck, you may be unable to return to work due to serious injuries, and may also have pain and suffering. You may feel overwhelmed at your medical expenses along with your lost wages. Truck drivers and trucking companies oftentimes act negligently in order to ship their products as quickly as possible for profit. If you were injured in a trucking accident, make sure you know your legal rights.
Federal Trucking Guidelines
The Department of Transportation (DOT) has a branch specifically dedicated to establishing regulations for the trucking industry called the Federal Motor Carrier Safety Administration (FMCSA). FMCSA creates guidelines for both truck drivers and trucking companies to keep the roadways safe for both truck drivers as well as other motorists. Unfortunately, many truck drivers or trucking companies fail to follow these guidelines in an attempt to increase profit.
Trucking Accidents
Trucking accidents are substantially more deadly than typical passenger accidents. In fact, the fatality rate related to trucking accidents is 10 times the number of normal passenger accidents. Even more harrowing is that the number of accidents involving commercial trucks has increased by 20% in the last 20 years. With compensation structures and demanding schedules placed on truck drivers, many fail to follow the guidelines established by the FMCSA regarding overloading or for rest periods for drivers leading to catastrophic accidents.
Determining Liability
Truck drivers are typically employees of trucking companies, and therefore, if you are involved in an accident with a large commercial truck, you may have the right legally to file a claim against several different parties for liability. For example, depending on the circumstances of your trucking accident, you may be able to receive compensation for your injuries from the driver of the truck, the owner of the truck, the trucking company, the company that loaded the truck’s cargo, or the manufacturer of any trucking part or component.
Trucking companies will oftentimes attempt to destroy critical physical and electronic evidence related to the trucking accident. In many cases, the “black box” of a commercial truck holds significant evidence that can prove detrimental to their case. An experienced personal injury attorney will send a spoliation letter to ensure that all records are kept and maintained, even if the trucking company has a legal right to destroy them. This is crucial for a personal injury case, and for a victim to receive compensation for their medical bills, lost wages, and pain and suffering.
Contact an Experienced Trucking Accident Lawyer
If you were involved in a trucking accident in Kansas or Missouri, contact an experienced lawyer at Griggs Injury Law at (816) 474-0202 to ensure that critical evidence is not lost or destroyed in your trucking accident case. We will negotiate with insurance companies and trucking companies on your behalf and help ensure that your legal rights are protected to receive the compensation to which you are entitled.
