Accidents between passenger vehicles and tractor-trailers can cause devastating injuries to those inside the smaller vehicle. People injured in accidents of this type will probably have large medical bills. To get compensation for their expenses and loss of income, they will most likely need to seek a legal settlement. One of the first steps in this process of determining who is at fault for the crash. The following article addresses this important legal issue.
The Driver
If you are in an accident with a tractor-trailer, or semi, through no fault of your own, then it's a logical assumption that the driver of the semi is most likely at fault unless some unusual circumstances exist. One important point to note is that tractor-trailer drivers must abide by very specific rules mandated by the Federal Motor Carrier Safety Administration (FMSCA).
Drivers carrying goods can drive a maximum of 11 hours during a 14-hour driving window as long as they have had 10 straight hours being off duty. Drivers must also take a break of at least 30 minutes for every 8 hours that they drive. FMCSA also states that drivers cannot drive more than 60 hours during 7 consecutive days or 70 hours during 8 consecutive days. A driver who violates these rules and is involved in a crash could be held liable for the accident.
In addition to violating federal tractor-trailer regulations, a driver can also be at fault if they are speeding, driving under the influence of alcohol or drugs, or driving recklessly.
Trucking Company
In some cases, the trucking company could be at fault for the accident. For example, it's the trucking company's responsibility to check the background of any driver it hires. If a company hires an unqualified driver who causes a crash, you could sue both the driver and the company that employs them. Also, the company has a duty to make certain that the tractor-trailer is loaded correctly. When improperly loaded cargo comes loose and causes an accident, the company is liable for damages. The company may also be liable if they fail to inspect its trucks regularly and keep them in good repair.
Independent Contractor
An important point of contention regarding fault in tractor-trailer crashes involves independent contractors. When a driver is working for a trucking company as an independent contractor, then typically the company is not liable because the driver is not an employee. Some companies, however, classify drivers as independent contractors when they should be classified as employees to avoid being held liable if an accident occurs.
To learn more, contact a tractor-trailer accident lawyer.