Vigilance on safety often factors in with truck accident defense

On Behalf of | Aug 17, 2021 | Trucking And Transportation Liability Defense |

In New York, when there is a truck accident, there is a good chance that people involved with suffer catastrophic injuries and lose their lives. This is no surprise given the size of these vehicles and the force of impact when there is a crash. Those who have been hurt or lost a loved one will inevitably want to get to the bottom of what happened. Frequently that includes filing a legal claim. Although it is easy to assign blame, the evidence must be assessed to determine exactly what happened. A comprehensive defense can find information that could be crucial to avoiding a massive payout.

Truck safety inspection blitz shows common risks

Each year, The Commercial Vehicle Safety Alliance (CVSA) initiates various efforts regarding road checks and safety in trucks. One focused on hours of service and lighting; the other on brake inspections. The brake inspections were unannounced. Regarding the brakes, more than 10,000 inspections were conducted for vehicles in the U.S., Mexico and Canada. Nearly 1,300 were taken out of service because of brake issues.

While the importance of brakes is obvious, hours of service can be as big a problem increasing the chance of a truck accident. Driving beyond the legal amount of time a driver is supposed to be on the road in one sitting or during a single day can result in drowsiness, speeding, using substances to stay alert and other potential catalysts for an accident. This is something that is sought out when there is a legal claim to try and prove wrongdoing. In some cases, the driver was not given a choice but to bend or outright break the rules to get the job done. The brake problems could be due to a lack of attention by the truck company itself or a manufacturer error. All should be factored in as a case proceeds.

Trucking defense can be complicated and a strategy is necessary

A major factor in a legal claim is responsibility and this is a fundamental part of an effective trucking and transportation liability defense. If a trucker is being accused of committing a violation such as driving distracted, violating the law for time spent on the road, was said to have been under the influence or was behaving recklessly, that could place the driver in the crosshairs even if there were issues with the truck itself. On the other side of the coin, the truck company could face blame for poor trucker behaviors. There are even situations in which the person lodging the claim for compensation was at fault or there was a manufacturing problem. Crafting a defense requires checking all the angles and having assistance from the start is essential.