Under federal law, fully loaded tractor-trailers can weigh up to 80,000 pounds, and their cab and trailer combined can stretch over 20 yards in length. These vehicles have sizable blind spots and are much harder to slow down and maneuver than smaller passenger cars. This means that they can cause extremely severe damage to anyone impacted in a collision.
If you were recently hurt in a tractor-trailer wreck, it is in your best interests to speak with an Elsmere truck accident lawyer. Any accident caused by a trucker’s negligence could be grounds for civil litigation, and an experienced personal injury can offer crucial advice in pursuing the compensation you need and deserve.
Establishing Civil Responsibility for a Truck Wreck
Because large semi-trucks and big rigs are so unwieldy and difficult to operate, it is crucial for commercial truckers to pay attention on the road. Any violation of local traffic laws or federal trucking regulations could make a truck operator responsible for an ensuing collision caused by their negligence. In many ways commercial truckers are held to a higher standard than most drivers. Common examples of careless or reckless behavior include:
- Speeding
- Driving for too long or driving while overtired
- Carrying too much cargo
- Driving while under the influence of drugs or alcohol
Potentials Defendants in Elsmere Truck Crash Claims
Importantly, truck drivers are not the only parties who can bear fault for traffic crashes. In certain situations, a trucking company may also bear vicarious liability for the negligence of their employee if they failed to ensure that the person they hired could safely fulfill the duties of their job or failed to properly train them.
On the other hand, collisions that stem from vehicle defects may be the fault of a mechanic or manufacturer. Incidents caused by unsecured loads shifting during transit could be traced back to a third-party supplier rather than the owner or operator of the truck directly involved. A skilled truck accident attorney in the area can investigate a plaintiff’s case to identify who is to blame for their injuries.
Limitations on Truck Accident Litigation
In Delaware, a plaintiff found more than 50 percent at fault for their own injuries does not have standing to file suit against a partially negligent third party.
Furthermore, according to Delaware Code Title 10 §8119, any truck wreck victim who does not file suit within two years of discovering their injuries may be barred from seeking any compensation at all. As such, it is critical to reach out to a knowledgeable attorney as soon as possible after a trucking collision in Elsmere.
Speak with an Elsmere Truck Accident Attorney About Legal Options
If you suffered a severe truck crash, you may be burdened with debilitating injuries and costly medical bills. Fortunately, help is available from the legal representatives at Doroshow, Pasquale, Krawitz, and Bhaya.
You should not have to pay for the negligent actions of a truck driver or trucking company. Contact an Elsmere truck accident lawyer today to learn your legal options and begin working on your potential claim.
