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Wilmington 302-427-9500 Bear 302-834-8484 Milford 302-422-6705 Lewes 302-550-0155
Truck Accidents

Truck Accidents in Delaware

A truck accident is a much more complex event than an accident involving only cars. The damage from these massive vehicles can be catastrophic, and if you try to seek compensation for your injuries and the damage to your vehicle, you may be up against a trucking company, not just the driver of the truck.

The laws regulating the trucking industry will determine who is liable in a truck accident, whether it be the driver, the owner of the truck, or the trucking company. Because of the legal complexity of a truck accident, it is advisable to seek the counsel of an experienced and reputable Milford truck accident lawyer in order to ensure the most favorable outcome for your case.

Liability in Truck Accidents

The trucking industry is heavily regulated at both the state and federal levels. These regulations set the standards for safety and the amount of insurance that truck owners and operators are required to have. There are regulations for maintenance of trucks, how often a trucker must take breaks, and what kind of loads are allowed. The minimum insurance requirement for owners/operators of trucks is higher than that for car owners.

In a truck accident where negligence is a factor, some or all of the following parties may be held responsible:

  • The driver of the truck
  • The owner of the truck
  • The company/person who leased the truck from the owner
  • Any manufacturer of parts that may have caused the accident, such as tires, brakes, or the truck itself
  • Whoever shipped or loaded the cargo if this was not done properly and contributed to the accident

Causes of Truck Accidents in Delaware

By far the most common reason for truck accidents is driver error. The cause of a truck accident is actually 10 times more likely to be driver error than any other factor. Driver error can occur due to fatigue/sleep deprivation, prescription drug use, distracted driving, or unfamiliar roads.

Equipment failure is the second most common cause of truck accidents. Product liability issues such as faulty design, or defective tires can cause a truck to lose control. Improper maintenance is a big issue for trucks and is often the root of the problem when it comes to equipment failure. Transmission or brake failure is a catastrophic event for any vehicle, but an 18-wheeler with no brakes is even worse. A tire blow out is equally dangerous and the debris left behind can cause accidents long after the disabled truck is gone.

What to Do if You Are the Victim of a Truck Accident

If you are injured in a truck accident in Delaware, it is crucial to collect evidence of what happened before the accident and at the accident scene. Truck companies know this and usually have their own teams of investigators who will show up quickly to start their reports and figure out how best to avoid liability. It is important not to give any statements to insurance companies. Contact an experienced Bear truck accident lawyer immediately. They will immediately start to gather evidence on your behalf including:

  • Inspection reports of the condition of the truck at the scene of the accident (required by law before the truck can be removed)
  • Information from the “black box” which should show how fast the truck was traveling, whether or not the driver used the brakes, speed patterns, and other vital evidence that should be gathered.
  • Copies of the truck driver’s logs to see if federal rules mandating breaks have been violated.
  • Bills of lading and trip tickets – these will have time stamps for pickup and delivery and are a way to determine what the driver was doing before the accident happened.

Wilmington Truck Accident Lawyers at Rhoades & Morrow Represent Victims of Truck Accidents

Truck accidents can leave victims with devastating injuries. If you or a loved one has been in a truck accident, you should enlist the help of a Wilmington truck accident lawyer from Rhoades & Morrow. Our attorneys are familiar with state and federal regulations for the trucking industry and will fight to win you the maximum possible compensation for your case. Contact us online or call 302-427-9500 for an appointment in our offices in Wilmington, Bear, or Milford.


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