Drayton D. Berkley Trucking Accidents Law Blog on Lawyers.com

How is a Truck Accident Litigation Different from Automobile Accidents?

Monday, February 8, 2010 by Drayton D. Berkley

In an automobile accident, the parties are likely to be two cars that have been involved in a collision. The party at fault is generally one of the drivers, and litigation concerning the accident involves the injured party, the driver of the other automobile, and their insurance companies. On occasion, there may be other parties, such as in the case of a defective part or a defective design, but in general, an automobile accident is relatively straightforward.

A truck accident gives rise to a far more complex litigation. First, there is the truck driver, who must hold a special license signifying the training necessary to drive the truck. By the nature of the vehicle they are driving and the license they must obtain to drive the truck, truck drivers have a heightened duty of care to the automobiles with which they share the road. The driver of a truck that can weigh several tons must be familiar with the vehicle he is driving, its capabilities, and the road conditions. Drivers are taught how to slow, how to stop and how long it will take them to stop, how to take curves, how to change lanes, and how to go through intersections. Federal regulations govern many aspects of truck driving, including the amount of time a driver may drive. Whether the driver was negligent in his driving is a determination that must be made in each case.

Second, there may be other parties responsible for a truck accident. A company that hires an incompetent driver may be liable for the driver’s conduct. The truck driver may be driving for an entity whose responsibility it is to maintain the truck. If the truck was improperly or poorly maintained, and the cause of the accident was the maintenance of the truck itself, there may be a claim against the entity charged with that responsibility. In addition, if a truck causes an accident because it is improperly loaded, there may be a claim against the party responsible for loading the truck.

This brief summary of some of the differences between truck accident litigation and automobile accident litigation is provided by the experienced truck accident attorney in Tennessee at the Berkley Law Firm PLLC, 877.224.1131, www.berkleytruckinglaw.com.

Posted at 12:13 PM

Topic: Trucking Accidents