Understanding Your Rights in Tucson Trucking

Truck accidents are among the most dangerous road accidents in Tucson and across America. While an average passenger vehicle weighs around 4,000 pounds, a loaded commercial truck can weigh up to 80,000 pounds. The immense size and weight of trucks make collisions with passenger vehicles extremely dangerous for the occupants of the smaller vehicles.

Often, it is the passenger vehicle occupants who end up sustaining severe injuries or even dying in accidents involving trucks and semi-trucks. With the law holding truck drivers to a higher duty of care than other drivers, it is critical to understand your rights if you or a loved one is a victim of a trucking accident.

Besides the higher duty of care, truck drivers must follow many other regulations and rules that do not apply to other drivers. For instance, there is a limit on how long a truck driver should drive without a break. Tucson trucking accidents can be complex, especially if you are not aware of related rules and regulations.

However, a well-qualified and experienced Tucson truck accident lawyer can help navigate the legal complexities. In this article, we will also explore some of the basic concepts of trucking accident cases to help you understand your rights better.

Common Causes of Truck Accidents in Tucson

While trucks represent only 4% of all registered vehicles in America, they account for approximately 10% of all fatal road accidents. Some of the most common causes of Tucson trucking accidents include:

  • Driver Error

Driver error is the leading cause of truck accidents in Tucson and across America according to the Federal Motor Carrier Safety Administration (FMCSA). Driver errors are things or mistakes that a truck driver makes that increase the likelihood of a road accident, including negligent driving. Negligent driving includes recklessness, tailgating, speeding, distracted driving, and driving under the influence.

The nature of commercial trucking is that some drivers work under pressure to save time and money, hence the temptation for speeding and recklessness. A skilled lawyer can help you hold both the driver and the trucking company liable for your injuries and damages in such cases.

  • Poor Vehicle Maintenance

There are federal regulations requiring trucking companies to maintain their trucks and perform regular inspections. Yet, mechanical failures due to poor maintenance are common. When mechanical breakdowns occur on the road, they can be dangerous for other motorists. Stalled trucks can lead to serious accidents if an unsuspecting motorist runs into them. You may have the right to sue the trucking company for damages in an accident involving a stalled truck.

  • Defective Vehicle Parts

Defective vehicle parts or defective manufacturing is another common cause of trucking accidents. This includes faulty brakes, defective lights, defective steering wheels, and related equipment failures. Like poor maintenance, defective vehicle parts can also lead to mechanical breakdowns which are hazardous for other motorists.

Mechanical failures due to defective vehicle parts increase the likelihood of a truck accident. In such an accident, multiple parties may be liable to compensate you for damages as a victim.

  • Overloading and Improper Loading

Despite the existence of federal and state truck loading guidelines, trucking accidents due to overloading and improper loading still occur. An overloaded or improperly loaded truck is often unstable and hard to operate. This increases the likelihood of a truck accident.

Both the truck driver and the trucking company may be liable for damages and injuries you sustain in such an accident.

  • Bad Weather and Road Conditions

Driving in bad weather, including snow, fog, and heavy rains, or in poor road conditions like potholes and improper signage is challenging for most drivers. When operating a vehicle weighing approximately 50,000 pounds, it becomes even more challenging. Bad weather and unsafe road conditions increase the likelihood of truck accidents.

  • Fatigued Drivers

Fatigue is commonly associated with truck driving. Most truck drivers have to cover long distances often without sufficient rest. These conditions can combine to make truck drivers sleep-deprived and exhausted. Fatigued truck drivers are more likely to commit mistakes leading to serious trucking accidents. For instance, a driver who has had only 4 hours of sleep in the last 48 hours can fall asleep or get distracted while driving.

Additionally, to cope with the effects of working long hours and without enough sleep, some drivers use stimulants and other addictive substances. Besides leaving them more fatigued, the stimulants can further impair their driving.

What to Do After Getting Injured in a Tucson Trucking Accident

Whether you have sustained minor or severe injuries in a trucking accident, there are some basics you need to do to ensure your safety and protect your rights. The steps you may need to take include;

  1. Request for emergency response, including police help and immediate medical attention regardless of the severity of your injuries. If your injuries prevent you from requesting these services, find someone else to do it for you. Besides ensuring your safety, medical treatment for your injuries is critical when seeking compensation. Insurance companies may seek to reduce or deny you fair compensation without evidence that you sustained injuries in the accident. Police records also help document your claims.
  2. If you can, gather all the relevant information at the accident scene, including taking photographs. If you obtain the contact information of any witnesses to the collision. If possible, wait safely for the police to arrive on scene and don’t move your vehicle.
  3. As soon as you can, consult a skilled Tucson trucking accident attorney. Avoid any negotiations with the other driver or insurance companies before speaking with a lawyer. Understand you may be vulnerable or unaware of the law and anything you say can impact the success of the claim process.

Contact a Tucson Trucking Accident Attorney

If you or a loved one has sustained injuries in a Tucson trucking accident, Arizona law entitles you to compensation. However, the trucking accident claim process can be complex, especially on the issue of who is liable for your injuries. A well-qualified and experienced trucking accident attorney can help you navigate the complexities. Mr. Barry Bellovin of The Bellovin Law Firm has extensive experience handling trucking accident cases. He can help you get the compensation you need and deserve. Contact him today for a free consultation and to learn more about his services.

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