Posted on September 18, 2011 in Personal Injury
-Blog posted but not reviewed or edited by LedgerLaw-
Thousands of cases are reported yearly of people who are unexpectedly hit or killed by trailers, trucks, semi-tractor trailers and other large vehicles. You would think that just because the vehicle was fairly large, it would be easy to spot and easy to avoid. That, unfortunately, isn’t the case. For whatever reason, truck accidents are a serious problem for motorists and pedestrians. And in construction sites, where huge automobiles are used, the danger is more so.
The increasing number of oversized trucks on the roads doesn’t remedy the problem. It only gets worse in the sense that the number of accidents involving trucks are continually increasing. The families of the victims, or the victims themselves in the lucky event that they survived, have to go through serious losses financially and emotionally. Survivors oftentimes require long-term treatments and therapy, which will definitely be a hit on their self-esteem, let alone their bank account.
In a lot of cases, truck accidents result from the classic case of negligence on the part of the driver. This one careless act can lead to a possibly lifelong suffering for the victim. In that, victims can only take comfort in the fact that there are professional truck accident lawyers always at the ready to help them get out of tight legal situations. The same goes for the accused party, if the accident was really just that: an accident. If it wasn’t caused by negligence and the victim was somehow also at fault for the accident, the driver of the truck can also benefit from hiring professional truck accident attorneys.
The job of the truck accident lawyer is to ascertain who among the suspected parties is really liable for causing the accident. It is very true that, in most cases, it was the negligent driver who should be blamed. However, it’s also true that there are occasions when victims cause the accident him or herself. Either way, it’s utterly important to resolve the case in the most just way possible.
A lawyer will be able to approach the case systematically, by first talking with the client about what happened. The lawyer then takes the statement of other people involved in the accident, or those who are somehow related to the case.
There are many different points that a lawyer must look at. For instance, the accident may have been due to driver error, just as much as it could be caused by the victim not knowing where to cross. In the first scenario, the lawyer will have to look at the hours of work of the driver. Driver fatigue will be called to the defense of the driver, among many things. The blame would then be taken to where it should be: faulty operations and work scheduling, on the part of the trucking company. That does not fully acquit the driver. Nor does it indemnify the victim. In essence, it would be the most justifiable solution for establishing a middle ground between the liable party and the victim or victims.
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