Due to the high level of regulation truckers and trucking companies are subjected to, collisions involving these massive vehicles can get quite complicated when looked at through a legal perspective. Hiring a truck accident attorney is pretty much essential if a person is looking to try and win their case in Kansas City, MO.
In order to be properly compensated for their losses, a person must be able to prove that the truck driver had behaved in a negligent manner or that some third party had behaved negligently and that is why the collision took place.
Without providing evidence of negligence it can be nearly impossible for a person to get a fair amount of financial coverage to help them pay for all the damages they incurred. A legal professional who has experience dealing with truck accidents in the past can easily conduct the required investigation with the necessary parties to collect the pieces of evidence that will prove the negligence of the guilty party.
What is negligence?
Negligence is when any party behaves in an irresponsible or reckless manner which opposes the law and this behavior of theirs contributes in one way or the other to the accident. For example, truck drivers have very specific guidelines on how long they can be driving on the road.
If they fail to comply to these Hours of Service, then this counts as negligence and can be used against them in court. The reason why truck drivers are only allowed to drive for specifically limited periods of time is because if they stay behind the wheel for too long, they will experience fatigue and this fatigue could easily result in them losing control of their vehicle.
Apart from not following the Hours of Service, and driving while fatigued, here are other common factors which could be considered as negligence in a collision involving a truck:
- Failing to carry the proper license
- Not complying to roadside inspections
- Failing to maintain the vehicle properly
- Driving while intoxicated
- Breaking traffic rules
- Driving with an overweight load
If it is discovered that a truck driver was guilty of any of the above, then they can easily be held accountable for negligence. In many cases, the trucking company can also be brought into the case as well if it is found that they had forced the driver to break the rules or that they had hired the truck driver while knowing they were not properly licensed for the job.
It is highly recommended that a person hires a truck accident attorney to help them prove the negligence of the other parties. Whether the at-fault party is the truck driver themselves, the trucking company, or even the truck manufacturing company, an attorney will be able to get in touch with them and have them respond back in a timely manner. It is possible to come to a settlement with the at-fault party without taking things to court. However, if the guilty party refuses to comply to a fair settlement, there is always the option of litigating against them.