How Personal Injury Litigation Could Reduce the Incidence of Truck Accidents

by | Published on Jul 10, 2019 | Medical Review Services

Truck accidents can be really traumatic, causing physical and emotional pain and suffering to injured victims and their families. If the accident is caused by the truck driver or trucking company, the victims can file a personal injury lawsuit to seek damages. The injured party will have to produce the relevant medical records to prove the injury. Personal injury attorneys handling such cases hire medical review services to have a clear understanding of the case and for obtaining valuable medical summaries. Personal injury litigation that results in ensuring fair compensation to the injured victims could convey a clear message to the trucking industry regarding the importance of preventing fatal crashes and harm to innocent people.

It is important to make the roads safer, for which all motorists and pedestrians need to co-operate. Any kind of vehicle that poses a threat to public safety must be held accountable. Many truck accidents are caused by overworked and sleepy drivers. Most drivers work long hours during the day without proper sleep and rest. As a result, they crash into other vehicles causing serious accidents.

A person injured in a truck accident can file a personal injury lawsuit for damages caused by the accident. If negligence can be proved on the part of the truck driver, a lawsuit can be filed to recover medical bills, lost wages, pain and suffering, lost future earnings, loss of consortium, and punitive damages. The injured driver may be able to recover some portion of their damages even if he/she is partially responsible for causing the incident. To prove liability and recover the due compensation for the truck accident, the plaintiff must first identify everyone responsible for the accident and name each of them in the court documents when filing the lawsuit. It is important to remember that apart from the driver, the trucking company, manufacturer of the truck, companies supplying parts (if defective equipment is involved), mechanics and maintenance companies.

To prove negligence on the part of the truck driver, the plaintiff will have to show that a reasonably prudent driver in the defendant’s position would have acted with greater care. To prove liability against the trucking company, the plaintiff will have to prove that the company knowingly hired a driver with a previous history of accidents, substance abuse problems, inadequate training and so on. Apart from proving liability, the plaintiff must show the extent of his/her damages and for this, expert medical witnesses are necessary. A doctor will have to perform a detailed medical exam and provide a medical opinion regarding the harm caused by the accident. In all this, a personal injury lawyer can be of great assistance.

How can our roads be made safer?

Sean Cleary, a personal injury lawyer provides certain insights regarding this in a recent article. He advocates tech improvements such as electronic log devices. The Federal Motor Carrier Safety Administration has made electronic log devices mandatory for commercial motor vehicles. This is with a view to better enforce existing hours of service laws for truckers. These electronic log devices replace paper logbooks and monitor location information, miles driven, movement and engine hours.

Another important thing is that truckers must adhere to the required rest breaks to avoid fatigue and accidents. Safety features, warning procedures and warning devices are not seriously implemented by all trucking companies, mainly because it involves considerable investment.  This is something to be carefully monitored to reduce the number of accidents and injuries.

Providers of medical records review know how important a role personal injury lawyers and litigation play in helping reduce the incidence of truck accidents. Attorneys work hard to establish the truck driver’s fault and obtain maximum compensation for the injury, trauma, and expenses incurred by their clients. In fact, most truck companies that are sued could have done something to prevent the accident from occurring. Personal injury attorneys identify each and every trucking safety violation behind an accident and hold the trucking companies and drivers fully accountable for the accidents they cause. Such cases that win the due compensation for the plaintiffs should be able to persuade the truck industry to implement and follow the necessary safety measures, and avoid putting dangerous trucks on the roads.

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