There are numerous reasons why a truck may swerve—an animal may run into the road, a vehicle may cross over into its lane, or there may be debris in the road. Large commercial trucks and tractor-trailers are much longer and heavier than other motor vehicles. In fact, depending on the type of cargo that a tractor-trailer is hauling, its weight may be up to 80,000 pounds. When the driver of a car swerves, he or she is often able to regain control of the vehicle after a few moments. However, for a truck driver, a swerve may quickly cause an accident. A sudden movement may cause the trailer of a truck to sway and even fall over—possibly hitting other cars or suddenly obstructing the road.
If a truck swerved and caused your accident, you may be entitled to legal compensation. If a truck driver was negligent at the time of an accident, and you were harmed, then you may be able to file a claim to recover for the damages you sustained. Even in situations where it seems like an accident was unavoidable, you may be able to recover. For example:
If a truck driver swerved on a patch of ice and caused an accident, he or she may have been driving too fast for conditions, which is a violation of local traffic laws.
If a truck driver hit a piece of debris that fell from a vehicle in front of it, the truck driver may have been following that vehicle too closely. This is also a violation of local traffic laws.
Of course, if the truck driver was distracted, he or she will likely be at fault for causing an accident. Texting, using a GPS, adjusting the air conditioning or heat, and changing radio stations are all types of distractions that may hold a truck driver liable in an accident.
Certain mechanical failures may also lead to liability. If a truck driver was aware that there was an issue with the truck, such as steering problems or tire issues, and failed to notify the truck company, the truck driver may be liable for damages. Similarly, if a trucking company had notice that a truck was experiencing mechanical problems and failed to schedule maintenance for the truck, the trucking company may also be liable if an accident occurs.
Although not every accident caused by swerving may have clear issues of liability, if a truck driver was negligent, a victim’s chances of obtaining compensation are increased. To determine liability in a case, a skilled personal injury attorney is a necessity. Accidents caused by swerving may involve numerous vehicles and factors, which make determining liability difficult.
Contact our injury attorneys to discuss your accident
If you were injured in an accident because a truck swerved and hit you, let the attorneys at Stein & Shulman discuss your legal options with you. To schedule your free consultation with our attorneys, call 312-422-0509.