What Makes Truck Wrecks So Serious?
Although there are some twists and turns along the way, Interstate 35 runs in almost a straight line between the Mexican border at Laredo and the Canadian border at Duluth, Minnesota. Especially in the post-North American Free Trade Agreement era, Interstate 35 is one of the primary trucking lanes for various goods, and also a prime spot for major truck crashes. These wrecks are very different from passenger car crashes, in several important ways.
Evidence
All successful negligence cases are built one piece of evidence at a time, and the building blocks are significantly different in these cases.
- Driving History: Most commercial truckers have out-of-state drivers’ licenses, so their driving histories are more difficult to access.
- Federal Requirements: The Federal Motor Carrier Safety Administration is the primary agency in charge of truck and truck driver safety.
- Electronic Data Recorder: Most trucks carry equipment that measures and records driving data, like speed and steering angle, as well as operator information, like hours of service.An attorney must act quickly to preserve and gather this evidence, especially the electronic data recorder.
Liability
Respondeat superior is nearly always an issue in these cases, because truck drivers are nearly always legal employees of a trucking or transportation company. In Texas, an employer is legally responsible for the damages that a negligent employee causes if the employee was working within the course and scope of employment at the time of the incident, and most courts interpret this doctrine very broadly in favor of plaintiffs.
Damages
The injuries in large truck crashes are often catastrophic, partly because of the sheer weight of these vehicles. A fully-loaded tractor trailer generally weighs at least 80,000 pounds. In addition to immense force during a collision, the size makes these vehicles virtually impossible to stop or slow quickly, so the force generates severe internal and external trauma injuries.
Moreover, diesel fuel has a much higher energy density than gasoline. Once it ignites, it burns hotter and longer, leading to extremely serious and disfiguring burns.
Serious truck wrecks require an experienced New Braunfels personal injury attorney that routinely handles these matters. Contact us today for a free consultation.
Sources:
https://www.fmcsa.dot.gov/regulations
http://legal-dictionary.thefreedictionary.com/Respondeat+Superior
http://www.eoearth.org/view/article/160424/
