What Makes Truck Accident Claims So Complicated? A Truck Accident Lawyer Explains.

TL;DR: 

Truck accident claims can be complicated because multiple parties are involved and there is a need for extensive investigation. A truck accident lawyer can investigate the crash, identify who is responsible, and preserve key evidence to help you get the compensation you deserve. 

While a truck accident claim may look simple from the outside. A car being damaged. Someone being injured, and insurance claims can make the entire process incredibly complicated. A truck accident lawyer in Los Angeles can help investigate questions involving the truck driver, trucking company, insurers, maintenance providers, cargo orders, and in some cases the vehicle manufacturer.

Records related to commercial carriers, driver activity, inspections, repairs, and maintenance can all be brought up as evidence after a crash. Investigators also need to determine whether the truck was properly inspected and, if so, who was responsible for it.

A truck crash may seem like a simple case of one driver hitting another, but there can be much more happening behind the scenes. Here are some pieces of evidence that a truck accident lawyer may review to determine who was responsible for the crash: 

• Multiple potential responsible parties: The driver, trucking company, cargo loader, maintenance provider, er or even a manufacturer may be responsible for the crash.
• Commercial insurance policies: Trucks are covered under commercial insurance, which makes it more complicated to determine who was at fault and what type of policy they have.
• Federal and California trucking regulations: Truck drivers and companies must follow safety rules covering areas such as driving hours, inspections, and vehicle operation.
• Driver records and employment information: Investigators may need to examine driving history, work records, and hours of service to determine whether fatigue or other issues played a part
• Cargo loading practices: A truck carrying improperly secured cargo can create serious risks. Investigators may have to determine who was loading the car, and whether the cargo was secured properly.
• Electronic driving and vehicle data: Electronic logging devices can record information about your drivers' working and driving time. This gives investigators a way to understand what happened right before the crash.
• More serious injuries: In truck accidents, the injuries can be much more severe and may require extensive medical care, rehabilitation, and time away from work.

All these layers have to be taken into account in a truck accident claim so that you can get the compensation you deserve.

When a truck crashes into a smaller vehicle, it is easy to look at the driver and assume the driver is started. Because the driver was driving, they caused the crash. That is not the case when trucks are involved.

A truck accident attorney may need to look at what happened before the truck ever reached the road. This is because the driver may have been exhausted or the truck may have been poorly maintained.  Sometimes the cargo was loaded incorrectly. All of these factors can contribute to the accident, which is why it makes sense to examine several people and companies for the accident.

The Truck Driver

The truck driver may be responsible if they were driving carelessly, which is what caused the collision. They may also be held responsible if they were distracted while driving; this can be in the form of answering calls or text messages. 

If they were speeding or their driving was impaired due to fatigue or substance use, they may be held responsible for the crash. Federal rules limit how long commercial drivers can drive and require certain rest periods to reduce fatigue-related crashes. A tired driver should not be driving a truck because they may be too slow to notice a stop sign in a matter of seconds; this can result in a collision.

The Trucking Company

The trucking company may also come under scrutiny; they are responsible for hiring, training, supervision, and scheduling practices. This can provide important clues about what the company contributed to the crash.

So if a company pressures the driver to stay on the road longer than allowed, they may be responsible for the driver's fatigue and the subsequent collision. The trucking company is also responsible for maintaining driver qualification records to ensure that the driver meets applicable requirements.

Maintenance and Cargo Companies

Sometimes the problem starts with the truck itself or the way its cargo was handled. Maybe the crash was a result of a worn tire, faulty brakes, or poor maintained vehicle. 

If the cargo is not secured properly, it can also create a risky environment and may put nearby drivers in danger. This is why commercial motor vehicles have to be inspected, repaired, and maintained properly so that they meet the cargo securement rules.

After a truck crash, memories, confessions, and videos can disappear, and physical evidence can change. This is why, when a truck accident claim gets complicated, a commercial truck crash lawyer may look for evidence as early as possible. 

Here are some examples of evidence that can make or break your claim: 

• Police report: The report can document the crash location, vehicle involved, statements, and the officer's initial observations.
• Accident scene photographs: Photos can show vehicle damage, road conditions, skid marks, traffic conditions, and other details that may change.
• Dash cam footage: Nearby vehicles' cameras may capture the moments before impact and help show how the crash happened.
• Surveillance video: Cameras from nearby businesses, intersections, or buildings may provide another view of the collision.
• Witness statements: People who saw the crash can describe what they noticed before, during, or immediately after the collision.
• Electronic logging device data: ELDs record information about a commercial driver's hours of service, which can help investigators understand the driver's activity before the crash.
• Truck maintenance records: Repair and maintenance records can help show whether problems such as worn brakes or tires were identified or addressed.
• Inspection reports: Required inspection records may help reveal whether the truck had known safety problems before the collision.
• Cargo documents: Loading records can help determine whether the truck cargo was properly secured or whether shifting cargo contributed to the crash.
• Black box or event data information: Some trucks record information about speed, braking, and other vehicle data, which may help reconstruct what happened.

A truck accident can leave you injured, puzzled, and financially distraught. At Blair & Ramirez LLP, we understand that these cases can involve drivers, trucking companies, maintenance providers, and other parties. This is why we investigate the crash, identify evidence that actually matters, and determine who was responsible for it all.

If you’re looking for a truck accident lawyer in Los Angeles, we are here to help. We help you determine what steps to take next so that you get the compensation you deserve. Contact Blair & Ramirez LLP today to discuss your claim at length.

• Truck accident claims may involve the driver, trucking company, cargo loaders, maintenance providers, or manufacturers. 
• Commercial insurance policies and federal and California trucking regulations can make these cases more complex. 
• Evidence such as ELD data, maintenance records, photos, videos, and witness statements can be crucial. 
• Truck accident injuries are often serious and may involve high medical costs, lost income, and long-term care. 
• Contacting a truck accident lawyer early can help preserve evidence and build a stronger claim.