If you’re like most drivers, the thought of traveling next to 18-wheelers can be intimidating. While these vehicles are integral to supporting our nation’s economy by transporting goods around the country, accidents involving these trucks can be catastrophic due to their imposing size. As such, understanding how these accidents happen can help you stay alert to hazards to best protect yourself. However, you’ll find that if you are involved in an accident with an 18-wheeler, understanding how to proceed is crucial. The following blog explores what you should know about these collisions, including whether or not the trucking company can face liability. You’ll also learn the importance of working with a Monroe, Louisiana truck accident lawyer to explore your legal options if you are injured.
Understanding 18-Wheeler Accidents and Liability in Louisiana
Unfortunately, accidents involving commercial vehicles are not uncommon. Like passenger vehicles, a number of factors can lead to accidents. However, the major difference is the size of these vehicles. 18-wheelers can weigh up to 40 tons when carrying a full load, meaning collisions with these trucks in Monroe can be catastrophic. As such, understanding how these accidents happen can help you stay alert to potential hazards to best protect yourself during these matters and determine liability.
In accidents involving commercial vehicles, company liability refers to the legal responsibility a company may have in the event one of its employees causes injuries due to negligence, unsafe policy, or failure to comply with state and federal safety regulations
Common Causes of 18-Wheeler Accidents
- Driver distraction, such as texting and driving, daydreaming, or setting GPS devices
- Driving under the influence of drugs or alcohol
- Speeding or failure to obey traffic laws
- Inadequate training by the employer or logistics company
Mechanical Failures and Poor Truck Maintenance
In addition to driver negligence, if a vehicle is not properly maintained or inspected, this can result in serious accidents. When these obligations are ignored or deemed unimportant, dangerous failures and defects may go unnoticed, ultimately leading to a serious collision.
Maintenance Issues That Can Lead to Liability
In many instances, mechanical failures can often be indicative of company negligence. This is because trucking and logistics companies have a legal responsibility to regularly inspect and provide routine maintenance to vehicles to ensure they are safe. Failure to conduct routine maintenance and inspections can lead to:
- Brake failures
- Tire blowouts caused by worn or defective tires
- Steering console defects
- Suspension malfunctions
While some defects may be undetectable, many mechanical failures that result in accidents are preventable with adequate care and inspection of vehicles.
Driver Fatigue and Hours-of-Service Violations
Though driving may not seem like a demanding job, it can be exhausting. As such, to reduce the risk of accidents caused by drowsy driving, federal limitations have been implemented that regulate how much a driver can travel. Unfortunately, many drivers, whether out of fear of repercussions or under the instruction of their employer, violate these rules. Breaches of these regulations are a major cause of catastrophic accidents involving 18-wheelers.
How Does Fatigue Contribute to Truck Accidents in Louisiana?
Unfortunately, fatigue can slow down reaction time and impair judgment. In fact, studies have concluded that driving while exhausted is similar to driving under the influence. As such, when an accident occurs in Monroe or anywhere in Louisiana, the hours-of-service rule is frequently investigated. Drivers may experience fatigue when they:
- Exceed federally mandated driving limitations
- Do not take their legally required rest break
- Manipulate the electronic logging devices used to track hours traveled
Can You Sue a Trucking Company for Injuries in Monroe?
If you are involved in an accident with a commercial vehicle, it’s critical to understand your rights in these matters. Generally, you are eligible to file a claim against the negligent party for the damages you’ve suffered. Most assume this means you can only hold the driver liable, which is far from the truth. In reality, you can pursue compensation from the trucking company, as they are ultimately responsible for the actions of the employee.
When a Trucking Company Can Face Liability
Under Louisiana law, employers can be held responsible for the conduct of their employees. As such, if you are hurt in an accident, liability may extend beyond the driver to the logistics or trucking company that has employed them. Common scenarios in which a company may face liability include:
- Failure to adequately train or supervise employees
- Overlooking or failing to enforce federal safety regulations
- Failure to maintain or inspect vehicles
- Encouraging drivers to violate the hours-of-service regulations or participate in unsafe practices
What Should You Do After an 18-Wheeler Accident in Louisiana?
Being involved in an accident with an 18-wheeler in or around Monroe can be incredibly overwhelming. However, it is imperative to remain as calm as possible, as the steps you take in the immediate aftermath can have a significant impact on the outcome of your claim.
Immediate Steps to Take
- Call emergency services to request police and medical assistance
- Seek medical care even if you feel okay or injuries appear minor
- Take photos and videos of the accident scene
- Obtain the insurance and employer information of the driver
- Gather all witness contact information
- Request a copy of the police report before leaving the accident scene.
Contact an Experienced Monroe, Louisiana Personal Injury Attorney
Pursuing the compensation you deserve while healing from a serious injury caused by a negligent truck driver or their company can be incredibly complicated due to factors like company liability or federal regulations. That’s why the team at Breithaupt, DuBos, & Wolleson, LLC is ready to fight for you. We understand that your focus is on healing from these injuries, which is why we will do everything possible to help you during these difficult times. Contact us today to learn how our team can assist you through these incredibly complicated times.