California Injury Blog, Truck Accidents
Complex Truck Accident Cases | Obtaining Evidence
One complexity of having to deal with a commercial trucking company and its driver is that it can be difficult to get evidence concerning the accident. Commercial truck companies are in the business of moving goods, people or material, so they want the truck or other commercial vehicle repaired and back on the road as quickly as possible. This means it’s sometimes harder to get photographs, truck parts and other forms of physical evidence to prove negligence or that the truck driver was otherwise at fault.
Truck companies should protect potential evidence, but it’s not surprising that they might not realize something will serve as evidence. Occasionally, this will result in someone “accidentally” disposing of evidence claiming they were just making necessary repairs or getting rid of damaged vehicles or truck parts as a part of the normal course of doing business.
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Complex Truck Accident Cases | State and Federal Laws
Another difficulty with these cases is the complex array of state and federal laws that apply to commercial truck drivers and businesses. Congress and state legislatures understand how dangerous truck accidents can be, so they have created special laws to protect other drivers on the road. For example, commercial truck drivers have restrictions on how long they can drive in one shift or how much maintenance a truck must go through for a certain number of hours or miles on the road. When these requirements are not followed, it could end up being the cause of the accident such as when a driver falls asleep at the wheel or there is a mechanical failure in part of the truck.
Complex Truck Accident Cases | Liability
Finally, a disadvantage when dealing with commercial trucks is figuring out who is legally responsible for the accident. For instance, let’s say a commercial truck driver was distracted by his cellphone when he crashed into your vehicle. He admits he was on his cellphone, but claims his brakes failed and that’s why the accident happened. He also says that he was on his cellphone because his boss told him to check his email while he was driving to save time and get more work done during the day.
If you are seeking compensation for a commercial vehicle accident, contact our experienced Ventura truck accident attorney today to schedule a free consultation. We will obtain the maximum recovery on your behalf.