Devastation can be defined in many ways. Yet, there are few things in life more devastating than being involved in a wreck with a semi-truck. These wrecks can cause permanent injuries, traumatic brain injuries, disability, and even death. They will turn your world upside down. If you’ve been involved in a wreck with a semi-truck, you need the help of a personal injury attorney that has a track record of handling such cases. Here’s what you need to know about truck accidents.
An Example of Fault in Personal Injury
Personal injury is a form of civil law. It can be simplified to: someone is injured because of what another person did or didn’t do. There are four elements, but it all comes down to the court looking at who is at fault for what happened. Here are the four elements and an example of how they may apply:
- There must be a duty that is owed. The Department of Transportation states that truckers may not drive more than 11 hours per day.
- That duty was breached. If a driver is trying to make sure that they are not late with a delivery, they may drive more than 11 hours per day despite the fact that it is against the law. This can, of course, cause extreme fatigue in a driver. Because most truckers are paid by the mile, they often push themselves to ensure that they are able to make the money that they need to survive.
- Because of the breach of duty, there must be an actual injury. If a driver continued to drive more than 11 hours per day, but there was no accident then there would be no reason for a lawsuit. If, though, the driver drove more than 11 hours and was so tired that they missed a red light and caused a wreck, they would have caused an actual injury.
- The "but-for" test must be met. This determines that the wreck was the cause of the injuries that were sustained. But for the driver of the truck being so tired from driving more than 11 hours per day and running a red light, the wreck would not have occurred.
To protect your legal rights and ensure that you are protected from an accident with Penske Logistics, or any other trucking company, it is important that you speak with an experienced personal injury attorney.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Penske Logistics, or any other party, you may not be entitled to any compensation.
