When a lawsuit is filed over a truck accident there is likely to be a very large monetary claim. Most victims involved in a truck accident die. They may leave behind a spouse and dependent children. Victims who survive may be disabled for life. They could have injuries so severe that they can no longer work. In both these situations a lawyer will probably be hired to help the victims and the families get compensation from those responsible.
In the case of a victim who dies, the attorney may file a wrongful death suit. This will seek compensation to make up for what the family lost when the victim was killed. If the victim left behind a young family the truck accident attorney will want adequate compensation to support the spouse and children and pay future expenses including education costs.
In the case of the victim who is injured, the attorney will need to assess the damages and determine what the victim needs for medical care and what the family needs for income support.
The lawsuit is filed against all those responsible, or liable for the accident. In the past this liability may have been limited to truck drivers and companies. However, with more truck drivers using drugs or driving intoxicated, some attorneys are widening their scope of liability.
In a study by the US Dept. of Transportation, published in March 2006, the use of prescription drugs was considered a factor in 26.3% of truck crashes. This made it the third highest of all accident causes and the top driver related cause.
An attorney representing a client injured by a truck driver on prescription medications may go after those who allowed the truck driver to continue to operate the vehicle. They may also do extensive investigation to determine where the driver got the medication. If the medication was illegally obtained the attorney could choose to go after the supplier and tie them into the case as a liable party.
Alcohol abuse is another factor in driver caused truck accidents, but not as prevalent as prescription medications. The attorney would most likely investigate to determine if the driver was over-served at an establishment and allowed to leave in his truck intoxicated. If this was the case, the establishment owners could be sued.
These kinds of truck accident lawsuits can be very expensive which is why many trucking companies have strict rules against drivers who abuse alcohol or other substances. The federal government also has laws and stiff penalties against truck drivers who drive intoxicated or under the influence.
These are regulations that must be strictly enforced. Trucks are forty times larger than the average car and they require drivers who are alert and operating at their full capacity. An intoxicated truck driver can cause devastation to many people. Their irresponsible behavior can kill people and leave others debilitated for life. It is critical that they be kept of the roads. This responsibility may fall to the trucking companies, who understand that they will be liable if they allow a driver with a known substance abuse problem to drive one of their trucks.
This article is not intended for legal advice.
Related Legal Source: For more information regarding truck accident laws please visit McAllen, Texas Truck Accident website of Gordon & Elias.