Wednesday, March 26, 2008

Truckers have Higher Duty of Care

Truck accident must be one of the most severe mishaps on the road. It in fact accounts for the most serious fatalities. Imagine a large freight carrier slamming on your car? Or a ten-wheeler truck hitting you while crossing the street? How about a heavy hauler crashing onto you while driving on a motorcycle?
Vehicle accidents record the most number of personal injuries and wrongful deaths on the streets of Los Angeles. This I believe is due to a great number of reckless and irresponsible drivers on the road. Every driver, especially those whose vehicles are so large that they pose a threat to every motorist, should know that they owe a duty of care to other people.
A blog article entitled “Truckers Must Exercise Extreme Caution, Not Just Reasonable Care” mentioned that drivers of commercial trucks owe a higher duty of care than other drivers. It indicates that some tort attorneys or trial judge make the mistake of using lesser standard in the process of a truck accident claim.
This should not be overseen by an attorney. Using a lesser standard of duty of care will lessen the liability of the negligent truck driver. A truck accident attorney must be able to identify up to what extent did the driver failed to comply with the safety statute on driving a large vehicle. This would permit additional damages or the award of recovery to the plaintiff/s.
Safety statutes require truck drivers to drive within a certain length of time since many accidents are often the result of driver fatigue. They are also required to ensure the safety or security of the truck load before hitting the road. Regular maintenance and inspection are set as well for truck drivers to follow.
Any failure to act on or abide by these safety statutes would add up to the liability of the truck driver and/or truck company. If their failure resulted to an accident which caused injuries or death to other parties, they shall be required by law to afford due compensation to the victims.
Besides the compensatory damages which include general and special damages, that can be possibly given to a plaintiff, punitive damages can also be awarded to him/her.