18-wheeler accidents (a/k/a big rigs, tractor trailers) on the highways and interstates across America can be devastating. You can catch yourself gripping the steering wheel tighter and just trying to hold on to get by or let them by (whatever the situation may be). Every day there are news reports about road closures or traffic backups as a result of a major wreck caused by an 18 wheeler.
For the most part, drivers of 18-wheelers are skilled and patient drivers. However, in addition to the dangers inherent in the size and weight of the trucks they are driving or whatever product it is they may be hauling product shifts occur easily, other factors that can contribute to an accident include:
- Inadequate training as to driving technique, safety concerns, and defensive driving.
- Systems of compensation that encourage faster vehicle speeds and more hours of consecutive vehicle operation than would normally be advisable.
- Unrealistic schedules and expectations of trucking companies that encourage drivers to hurry, despite safety risks involved.
One thing is for certain – big trucks can cause big accidents. Therefore the issues in an accident with an 18-wheeler will be more complex. On a lot of occasions this will cause devastating damages. And you can believe that the insurance companies for these “big” trucks will be fighting much harder so you don’t receive a “big” settlement or verdict.
In a typical car accident case, either the driver owns the vehicle or someone else owns the vehicle. This is usually easily determined. In an accident with the 18-wheeler, even though one individual is actually driving the truck, there could be many other potential defendants that could actually responsible for the truck itself (trucking companies, contractors, employers and insurance companies) and may be included in your claims for your injuries.
If an employment relationship is established between the truck driver and a trucking or shipping company, then the company would also be held liable for the negligence of the driver. You would need to show that the company had some degree of control over the driver, and that the accident occurred while the driver was acting in the course of the employment relationship.
This can become a problem when a truck driver is an independent contractor of a larger company. In this case, the key issue becomes the amount of supervising done by the company. The potential liability of trucking companies, employers, and contractors is a key factor in assessing recovery through insurance coverage, as all these entities likely probably carry separate liability policies. Also there are times when the manufacturer or shipper of hazardous materials carried by the truck also may be held liable for injuries caused or made worse by the truck’s cargo. This typically relates to the manufacturer or shipper’s duty to inform the trucker or trucking company of the materials’ potential dangers.
18 wheeler accidents are typically more catastrophic than car accidents due to the size of the vehicles. Call us if you have any questions regarding this we have the experience and know how to guide you and your family through this maze. 1-877-859-3943.
