Conway, AR Truck Accident Lawyer
Truck accidents occur frequently in Conway and can result in significant costs for those who sustain injuries. If you have been injured as a result of a truck driver’s negligence, you have the right to seek legal recourse and receive compensation for your damages.
Truck drivers and companies are required to comply with safety regulations, but unfortunately, some choose to disregard them in order to gain an advantage. It is important to note that you are not responsible for any unsafe actions taken by a truck driver or company. If you have suffered harm due to a trucker or trucking company’s negligence, you are entitled to compensation for your losses.
Call us at (479) 316-0438 to receive your free case evaluation with our truck accident attorneys today.
Parties Commonly Held Liable for Truck Accidents in Conway, AR
Figuring out who is at fault for a truck accident can be difficult, as there could be multiple parties responsible. Although the truck driver is typically held responsible, the company that employs them might also be accountable. In certain situations, it might be necessary to take legal action against another party to recover damages. Fortunately, our team of truck accident lawyers has the expertise and experience to determine the appropriate party to pursue legal action against. Here are the parties that are most commonly sued for injuries sustained in Conway truck accidents:
Truck accidents are often caused by drivers’ negligence, which can take different forms, such as distracted driving, fatigue, or exceeding the speed limit. Such behavior might be against state or federal regulations that limit the number of driving hours. The driver and their employer might both face legal consequences for any recklessness that leads to an accident.
In cases where a truck driver causes an accident due to negligence, their employer, the trucking company, might be held responsible through “vicarious liability.” This means that if the driver was performing their regular duties at the time of the accident, the company would typically be accountable for any resulting injuries. For example, if a driver was delivering goods too quickly, both the driver and the trucking company could face legal consequences.
Trucking companies are fully responsible for any misconduct on their part. They must prioritize the safety of their drivers and the public by providing sufficient training to all drivers. Additionally, they must carry out thorough background checks before hiring drivers to prevent reckless individuals from driving. Moreover, trucking companies must strictly comply with state and federal trucking regulations that require regular inspections and maintenance of vehicles to ensure their safety and roadworthiness.
If the truck driver is considered an independent contractor, the trucking company is unlikely to be held accountable for any injuries resulting from their actions. Independent contractors are not treated as regular employees in a lawsuit. For instance, Amazon delivery truck drivers are often employed by a local delivery company instead of by Amazon itself. In this situation, Amazon would probably not be sued, but the local delivery company could be held responsible for their driver’s negligence.
Other Third Parties
Truck accidents can occur due to negligence of the driver, such as changing lanes without checking. In such cases, the truck driver might have to swerve to avoid a collision. However, if the driver was speeding, they could also be at fault. Both drivers are accountable for any damages caused.
Improper loading of cargo during transportation is usually caused by carelessness or failure to adhere to regulations by the loading company. Correct loading involves using appropriate straps and ensuring the cargo is in contact with other cargo to prevent movement. This is crucial for safety purposes and to avoid accidents like jackknifing or overturning.
Truck accidents might also result from faulty or poorly designed parts. If a component like the brakes or steering fails and causes an accident, the manufacturer or designer of the part might be held responsible for any injuries sustained.
Trucking Regulations That Drivers and Companies Must Follow in Conway, AR
In Conway and other parts of Arkansas, it is important for truck drivers and trucking companies to adhere to state and Federal Motor Carrier Safety Administration (FMCSA) regulations. These regulations play a vital role in promoting the safety of trucks on the road and implementing processes to address and prevent potential issues that might result in accidents. Additionally, they provide a framework for determining liability in the event of a lawsuit against a driver or trucking company.
Hours of Service Regulations
Truck drivers are required to adhere to rules that govern the maximum amount of time they can drive before taking a mandatory break. Unfortunately, this regulation is often disregarded. With the increasing popularity of delivery services that bring goods straight to people’s doors, the shipping industry has become more competitive. Some truck companies and drivers might flout the hours-of-service regulations in order to complete more deliveries and maintain a competitive edge. Federal regulations mandate that truck drivers track their driving hours in a log and limit them to no more than 60 hours in a seven-day period. If a driver has violated these regulations, our team can access their logs to determine if they had any involvement in any accidents.
Maintenance and Repair Regulations
It is not uncommon for trucking companies to violate FMCSA regulations regarding the maintenance and repair of their trucks. To comply with these rules, companies must perform regular inspections and upkeep on their vehicles while keeping records of these tasks. Prior to departure, trucks must undergo routine inspections. In the unfortunate event of a truck accident, our firm can investigate the company’s records to determine the last time the truck was serviced. If the maintenance and inspection logs are absent, we can argue that the company did not take the necessary precautions to ensure the safety of the truck, resulting in the accident.
Cargo Securement Regulations
It is important for individuals to follow cargo securement regulations to avoid accidents. These regulations provide instructions for properly loading and storing cargo for transportation. To prevent cargo from shifting during transport, it should be loaded directly against other cargo and secured with appropriate straps and tie-downs. Failure to secure cargo can result in dangerous accidents that can cause the driver to lose control of the truck.
If unsecured cargo causes an accident, the trucking company or driver might be held responsible. However, if a third party loaded the cargo, their negligence could have contributed to the accident and should be considered in any legal action taken.
Our Conway, AR Truck Accident Attorneys Can Help
For a free case analysis with our truck accident lawyers, contact us today at (479) 316-0438.