Were you hurt after getting into a collision with a truck driver? At Foster Wallace, we recognize that situations like these can be overwhelming, especially when you’re left with financial and emotional losses on top of your physical suffering.
However, we want you to know that you don’t have to handle everything by yourself. When you hire us as your Raytown personal injury lawyer, we can guide you through every step of the legal process.
Our attorneys have more than 45 years of combined experience, and in that time, we’ve recovered over $1 billion in compensation for people just like you. You can trust our Raytown truck accident lawyers to work toward a favorable outcome. Your injury. Our fight.
Common Causes of Truck Accidents in Raytown
Truck accidents can be caused by various factors. Understanding the root causes of truck crashes can help victims and their families pursue the correct legal avenues for compensation.
Driver Fatigue and Hours-of-Service Violations
Truck drivers often work long hours, sometimes far exceeding the recommended limits set by the Federal Motor Carrier Safety Administration (FMCSA). Federal regulations require truck drivers to adhere to specific hours-of-service (HOS) rules.
These laws limit driving hours and require rest periods. However, when truck drivers exceed the limits due to pressures to meet tight delivery schedules, driver fatigue can set in, leading to slower reaction times, impaired judgment, and extreme exhaustion behind the wheel.
Distracted Driving
Distracted driving is a major concern for all drivers, but it is particularly dangerous for truck drivers. From talking on the phone and texting behind the wheel to using in-cab technology or using their hands while eating, distractions can take the driver’s attention away from the road.
Inattention can cause drivers to miss critical signs, misjudge distances, or fail to react to road hazards.
Improper Maintenance or Defective Equipment
Commercial trucks require regular maintenance to remain safe on the road. If a trucking company fails to maintain its vehicles, the risk of an accident increases substantially.
The same is true in cases where there’s a defect in the truck’s components, including its brakes, tires, or steering systems. For example, brake failure can lead to an accident, particularly if the truck driver is unable to stop in time to avoid a collision.
Overloaded or Improperly Loaded Trucks
Trucking companies and drivers must comply with strict weight regulations. Overloading a truck can impair its braking ability, reduce stability, and increase the likelihood of accidents. Additionally, improper loading can cause the cargo to shift during transit, leading to rollovers or a loss of control.
Impaired Driving
Driving under the influence of drugs or alcohol is a serious issue. Truck drivers are subject to random drug and alcohol testing, but unfortunately, some still violate this law. Driving under the influence of alcohol or drugs can severely impair a driver’s ability to react quickly and make sound decisions, leading to deadly crashes.
Weather and Road Conditions
Adverse weather conditions, such as rain, snow, fog, and ice, can create hazardous driving conditions. Truck drivers are required to adjust their driving behavior to account for inclement weather. However, some drivers may fail to slow down, maintain adequate distance, or take other necessary precautions in inclement weather, resulting in a collision.
Speeding and Reckless Driving
Like all drivers, truck drivers must obey posted speed limits. However, to make up time on long routes, some truckers exceed speed limits, particularly in areas where traffic is light or the road conditions appear favorable.
Speeding increases the severity of collisions and makes it more difficult to control the truck in emergencies.
Legal Elements of a Truck Accident in Raytown
To pursue a legal claim following a truck accident, Raytown truck accident attorneys must prove some key legal elements. These include duty of care, breach of duty, causation, and damages.
Duty of Care
Truck drivers and trucking companies alike owe a duty of care to others on the road. This means they are obligated to operate their vehicles safely while complying with both state and federal regulations. These efforts can minimize the risk of collisions.
Breach of Duty
A breach of duty occurs when the driver or trucking company fails to meet the required standard of care. Examples include driving while fatigued, exceeding hours-of-service regulations, or failing to perform routine maintenance on the truck.
Causation
In a truck accident case, Raytown truck accident lawyers must prove that the breach of duty directly caused the crash. For instance, if a truck driver was distracted and failed to notice a red light, the driver’s actions could be deemed the cause of the accident.
Damages
Truck accident victims must show that they suffered actual damages due to the collision. This can include medical bills, lost wages, pain and suffering, or any other expenses incurred as a result of the crash. In fatal cases, family members can seek compensation for their loss.
Contact our Kansas city personal injury lawyers now.
Parties That May Be Liable in a Truck Accident
Your truck accident lawyer in Raytown can help you determine who is responsible for the accident. This process is a must when it comes to building a successful truck accident claim. Let’s take a look at examples of parties who could be held liable for the crash.
The Truck Driver
In some instances, the truck driver’s actions, such as driving while fatigued, distracted, or impaired, might lead to the accident. When they do, the driver may be held responsible.
The Trucking Company
In cases where the trucking company failed to maintain its vehicles, forced drivers to violate hours-of-service regulations, or negligently supervised drivers, the company may also be liable for the crash.
Truck Manufacturers and Parts Suppliers
If the truck or any of its parts were defective and caused an accident, the manufacturer may be held liable according to product liability laws.
The Cargo Loading Company
Improperly loaded trucks are a common cause of accidents. In cases where the cargo was not securely loaded, the company responsible for loading the truck may be found responsible instead.
Government Entities
If the accident was caused by poor road conditions—such as a pothole, poorly marked signs, or inadequate maintenance—government entities responsible for road upkeep may be at fault.
Contact Our Truck Accident Attorneys in Raytown for Legal Advice Today
Truck accidents can be complicated, but if you’re a victim of a truck-related collision, don’t let fear stop you from seeking justice in your case. You’ve already been through the worst of it, and we’re here to help you through the rest.
With Foster Wallace by your side, you can trust that professionals are keeping your interests in mind at all times. Reach out today to speak with a Raytown truck accident attorney who can help you pursue the compensation you deserve.
