Thousands of truck drivers are involved in accidents every year. Many of these incidents occur because the driver was distracted in one way or another, but distraction can sometimes be hard to prove. It is a state of mind that is not always apparent by a person’s actions.
In addition, truckers have a wide variety of incentives to plead innocent and fight their case as far as they possibly can. Accident victims need to be aware of these challenges before they pursue any sort of case against a truck driver.
Distracted driving is a serious charge that can be compounded by any damage or loss of life caused by an accident. If a trucker admits that they were distracted, there is a chance that they could go to jail or face some other sort of serious charges.
Truckers may have a black stain on their records that prevents them from getting a job in the future if they admit they were distracted when they caused an accident. They have every incentive to deny the charge of being distracted. If they deny that they were distracted, they can always craft a legal case around this concept.
There is a chance that the evidence presented by the other side, if the case goes to trial, will not convince a judge or jury. When this happens, the truck driver will have no consequences for their distraction.
Truckers also have a massive financial loss at stake if they are found guilty of being distracted during a crash. Even if insurance covered the financial losses, an instance of proven distracted driving is often considered to be just cause for terminating any sort of employment arrangement.
Distracted driving hurts truckers in myriad ways. If they work for a company, there is a decent chance they could be fired. Their company would most likely be responsible for paying any legal damages that were incurred from the wreck and the subsequent lawsuit.
A large number of truckers work for themselves and own their own trucks. These drivers could be in even more trouble after a case of distracted driving. There is a chance that they might have to pay thousands or even millions of dollars in damages. Truck accident victims are rarely at fault and receiving compensation is very common in these cases.
What to do
Anyone who is involved in an accident with a trucker needs to take decisive action quickly. They need to work through the lawyer when dealing with the trucker. There is always a chance that the trucker and their company will attempt to settle with a person long before the trial phase. They may ask accident victims to sign a settlement agreement that requires them to sign away their rights.
This document may not be legally enforceable on the trucking company, but it can be used in a court of law to show that a lawsuit is not necessary. A professional attorney will help to stave off these possible negative actions and ensure that a person receives just compensation for their damage and injuries.
The vast majority of truckers are honest, hard-working people who have done an admirable job in the past year working for the country. But they are also human beings who do not want to pay vast sums of money and do not want to go to jail.
The best way to avoid being taken advantage of by a trucker after an accident is to hire an advocate and follow their advice. Attorneys are essential to proving that a trucker was distracted and that they were in fact responsible for what may have been an incredibly traumatic event.
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