some of the top causes of tragic trucking accidents
One of the most important elements a plaintiff must prove is causation. Who or what made the accident happen? When a preponderance of the evidence gives the answer to that question, we know who must compensate the victim. At the Law Office of Donna Clark Frayne, LLC, we’ve been investigating complex accident scenarios for more than 20 years. We understand what can make an 18-wheeler veer out of control, carving a terribly destructive path. With compassion for the victims, we dedicate our resources to proving causation, so you can get the compensation you deserve.
factors that contribute to commercial truck accidents in Missouri
Negligence is the standard by which most accident cases are decided. A
truck accident lawyer must prove that a person or persons acted carelessly and that carelessness caused injury. Factors that point to a party’s negligence include:
operator error
Inattentiveness, fatigue, drug or alcohol use, and impulsive risk-taking can lead to unsafe maneuvers, excessive speed and distractive behaviors resulting in accidents.
safety violations
The trucking industry is heavily regulated, but companies and workers often ignore safety rules.
unsecured cargo
Companies that load cargo must adhere to safe practices or cargo can shift, making the rig unstable. Cargo is often a factor in truck rollovers, especially on tight turns.
equipment defect
Manufacturers that produce faulty truck parts are strictly liable for harm. Negligent maintenance contributes to equipment fatigue and dangerous breakdowns.
road conditions
On some occasions, poorly designed, constructed or maintained roads create unsafe conditions that cause accidents.
bad weather
Depending on the circumstances, the choice to operate in inclement weather can be negligent, so a company could be liable for an accident where weather was a factor.
other vehicle drivers
Many motorists do not take seriously their obligation to proceed with caution when sharing the road with a commercial truck. Sudden lane changes, cutting off a rig or squatting in the trucker’s blind spot are a few of the ways motorists can cause an accident with a commercial truck.
Truck accidents are complex events. It is possible that more than one party is at fault, including the injured motorist. In such cases, Missouri’s comparative negligence law can severely limit your compensation. We hire the necessary experts to determine what happened in the accident and who was at fault. Our firm fights to protect your rights to full compensation.
When is a trucking company liable for an accident?
There are obvious times when a trucking company is at fault. Companies can hire inexperienced and unqualified drivers, and fail to properly supervise them. Some companies look the other way when drivers exceed the legal limits on hours behind the wheel, and other companies even pressure drivers to operate rigs while fatigued. Companies are also responsible for the maintenance of equipment, so failures in that regard fall on the company. However, there is a very old legal theory, respondeat superior, which makes an employer answerable for the negligence of any employee while that worker is on the job. So, even if the driver made a mistake for which the management is not directly responsible, the company is still legally obligated to compensate injured parties.
