Head-On Truck Accident Attorney

Under most circumstances, we have no choice but to share the road with big trucks. Because of this, it's helpful to understand what conditions and situations can make a collision more likely. A significant percentage of commercial truck accidents are due to driver errors like overcorrecting or driving while distracted, but here is a breakdown of common issues that may require the help of a head-on truck accident attorney to investigate:

Overcorrecting - We all know how important it is to maintain control of your vehicle, even if there is an object in the roadway. If a trucker suddenly swerves to avoid an object in the road, they may overcorrect and end up crossing over into oncoming traffic. Likewise, when large trucks turn into another street, they must still try to stay within the appropriate lane to avoid hitting vehicles sitting in traffic for their turn to proceed.

Ignoring traffic lights or signs - Truck drivers have to be ultra-alert in traffic and not take chances. If a trucker pushes their luck to make a left turn when the light is already yellow, by the time they make it through the intersection, the opposing traffic may already have a green light, resulting in a head-on crash.

Inappropriate passing - In many instances, large trucks don't have the capacity to get up and go like a smaller vehicle may have. Suppose a trucker decides to overtake another vehicle without an adequate amount of space and time. In that case, they may find themselves facing a vehicle coming in the opposite direction, leaving the other vehicle's occupants in danger of a head-on collision.

Jackknife accident - A tractor-trailer can easily succumb to an accident known as a jackknife which causes the trailer to whip around like a fishtail. These accidents are caused by abrupt braking, poor weather conditions, faulty brake systems, speeding, poorly or overloaded trailers, and driver error.

Distracted driving - Driving while distracted is a problem for drivers across the board. It's not just limited to commercial truck drivers, although the results of driving while distracted behind the wheel of a big rig are exponentially more dangerous. Drivers can become distracted while driving for a wide variety of reasons, such as texting, engaging with a GPS, eating, looking for items, or even gawking at another accident.

Impaired driving - Operating a tractor-trailer under the influence of drugs or alcohol is illegal and can be deadly. Commercial trucking companies are required by the Federal Motor Carrier Safety Administration and the Department of Transportation to have their employees undergo periodic tests for drugs and alcohol. However, laws and tests can't stop all irresponsible behaviors. One of the most common illegal methods truckers use to stay awake is amphetamines. If any driver causes an accident and is found to have drugs or alcohol in their system, they will almost certainly be found at fault for the accident.

Drowsy driving - The laws for how long drivers may work in any given period of time are unambiguous. These laws are made for the safety of everyone on the road because fatigued drivers are dangerous drivers. Driving while tired is very similar to driving while under the influence of alcohol in that you have slower reaction times, not to mention the fact that you may fall asleep at the wheel. Although it's much more challenging to manipulate driving logs in today's era of technology, if the driver and the company they work for are in cahoots to undermine these restrictions, a disaster could be the result.

Speeding - Some trucking companies pay by the miles, not the hours worked, which may incentivize some drivers to speed to make more money or to make a delivery deadline. Speeding is always a bad choice, especially if you're not familiar with the road. If a truck driver heads into a curve while speeding, it could cause the driver to veer into oncoming traffic.

Traveling the wrong way - Wrong-way driving is frequently connected to intoxication. Regardless, getting onto a roadway traveling the wrong way is always driver error and makes them liable for any damages that are a result.

If you or a family member were injured or killed in a head-on truck accident, establishing fault will be crucial to holding the other party accountable. The burden of proof will be on you to show the other driver was negligent. Here's how a head-on truck accident attorney goes about this:

Duty of care - Anyone who gets behind the wheel of a motor vehicle has a legal duty to avoid harming other motorists. This means they must be alert, sober, and mindful of the road. Operating a vehicle while under the influence, overly tired, or neglectful of traffic laws is not demonstrating a duty of care.

Negligence - Drivers are negligent when they operate a vehicle differently than how a reasonable person would drive under similar circumstances. For example, a reasonable driver might slow down during a downpour or when icy conditions are present. A negligent driver would pay no heed to obvious driving hazards.

Causation - Any personal injury lawsuit requires that you show, but for another party's actions (or inactions), you would not have been injured. For example, if the truck driver had not swerved into your lane because they went over a curved hill too fast, you would not have suffered a severe back injury.

Damages - The final piece is damages, which are losses you've sustained, whether it be financial or emotional, linked to the accident. For instance, medical bills and lost wages are damages that your lawyer will tally, but a figure to compensate for pain and suffering can also be included.

Liability by State

Every state observes its own laws concerning how fault is handled. Fortunately, Morgan and Morgan have lawyers in every state that are experts in handling head-on truck accidents and your state law. Some states have a no-fault system, meaning you'll need legal help overcoming this system to get fair compensation. Still, others observe contributory negligence that will impact if and how much you can win in compensation. For example, a few states won't allow you to recover anything if you share in the fault. Others reduce the amount you can recover depending on your percentage of fault. Still, others won't allow you to collect if your share of fault is 50% or higher.

For these reasons, it can mean everything to have a competent lawyer on your side to deflect accusations of fault and put the responsibility squarely on the shoulders of the other party.

When you're in a serious accident, you need the right legal representation to ensure you recover just compensation for your losses. We understand how important this is to your and your family. Our head-on truck accident attorneys have the expertise you need to navigate complex laws and regulations up to the federal level, along with our extensive resources that will be available to make sure your case comes to a successful conclusion.

We take pride in the trust given to us by our clients and strive to meet and exceed expectations every time. Contact us today for a free case evaluation. We will work hard to investigate and craft a strong case based on the evidence we uncover, so you get the most compensation possible.