Fatal Big Rig Accident Claims

A fatal truck accident happens quite often on the roads of the United States. In fact, truck accidents account for 3 percent of all traffic accidents in the country. Big rigs are trucks that have a gross weight of 10,000 pounds or more. Each year, an average of 5,000 motorists are killed and 130,000 motorists are injured in the United States as a result of big rig accidents. The cost for fatal semi truck accidents exceeds $20 billion. There are $8.7 billion in productivity losses, $2.5 billion in resource costs, and $13.1 billion in quality of life losses.

Causes of Fatal Big Rig Accidents

There is a variety of causes of fatal big rig accidents but alcohol is not one of the more common causes. In fact, only one percent of fatal truck accidents are caused by alcohol related problems. The causes of fatal big rig accidents include the following:

• DUI/DWI
• Lack of training for the driver
• Oversized trucks
• Driver fatigue
• Failure to yield the right of way
• Poor truck brakes
• Running off the road
• Speeding
• Inclement weather
• Aggressive driving
• Reckless driving
• Missing reflectors on the truck

The Big Rig Accident Investigation

Once a fatal big rig accident occurs, an investigation will immediately take place by the state and local police at the scene of the accident. Once the dust has settled the victim’s family will need to hire a big rig accident attorney. The attorney will then perform his or her own investigation into the accident. The attorney’s investigation ideally will net enough evidence to prove that the truck driver or the trucking company is liable for the injuries and/or fatalities suffered from the accident. The attorney’s investigation will also include a visit to the trucking company to have the other trucks inspected to see if they meet safety standards set forth by the United States Department of Transportation.

Legal Action for a Fatal Big Rig Accident

Once the attorney has completed his or her investigation into the accident, the attorney will advise the victim’s family whether a lawsuit should be filed against the truck driver or the trucking company. If a lawsuit should be filed against either of the parties mentioned above, the attorney will file the appropriate paperwork with the court. Now the attorney will need to prove that the truck driver owed the plaintiff a duty of reasonable care, which the defendant breached that duty of care, and that the breach directly caused the injury to the victim.