If you’ve been hurt in a trucking accident, questions of cause and liability are more complex than those in an ordinary auto accident. Many people are involved in trucking accidents, from the truck owner to the driver, and it can be difficult to get the right information. Understanding the causes of trucking accidents, and the relationship between the load, the trailer, the truck and the driver, can help a Truck Accident Attorney in Norman OK with Cainlaw-okc.com determine if your claim is valid.
Accident Stats
Over the last 20 years, trucking accidents have become 20% more common. According to the FMCSA, 130,000 people were hurt in trucking accidents in 2002. Even though commercial trucks only cause 3% of all accidents, they cause much more harm than an ordinary accident because of their size.
Trucking Accident Law
The trucking industry is governed by Federal law, which establishes the standards that trucking companies, drivers and owners must meet. The law often determines liability in a trucking accident, and most related laws are found in the Code of Federal Regulations’ Title 49. Regulating agencies include the USDOT and the FMCSA. The states have departments of transportation as well.
Accident Liability
Where trucking accidents are concerned, there are many who could share responsibility for victims’ injuries, such as:
* The truck driver
* The truck’s owner
* The company or person leasing the trailer or truck
* The maker of the truck, tires or parts which may have contributed to the accident
* The cargo shipper
Hauling, leasing and trucking companies often disagree over insurance coverage for accident victims. For instance, a trucking company could claim that an accident was caused by defective tires, and the tire maker could shift the blame to the company leasing the truck.
Can a Trucking Company Escape Responsibility?
Previously, trucking companies sometimes tried to escape liability by distancing themselves from the equipment and the driver. These companies accomplished this by taking certain steps. The company got all permits necessary to operate the vehicle, but did not own the equipment. Alternatively, it rented the equipment from an owner/operator. Hiring a truck accident attorney in Norman OK can give you advice if you’ve been hurt.
Fortunately, federal law has ended the blame-shifting among insurers and trucking companies. Under current rules, any company that owns a permit is responsible for any accident involving their equipment. The rules are the same whether or not the driver is an employee or an independent contractor. View website for more details.
