Holding Truck Drivers Accountable for Careless Wide Turns
Wide turns are especially tricky for truck drivers to execute. Often, the truck needs to take up an extra traffic lane in order to make the turn, swinging wide or left before ultimately turning right. If the driver is unable to execute the turn correctly, the truck may swing into oncoming traffic, or it may squeeze a smaller vehicle or individual between the truck and the curb in what is called a squeeze play accident. Since trucks are so heavy, a squeeze play accident may result in crushing or amputation injuries.
In most cases, you will need to establish the truck driver’s negligence to recover damages after a wide turn accident. You will need to show that the truck driver’s breach of their duty to use reasonable care caused your injuries.
In order to make wide turns properly, truck drivers must be appropriately trained. A wide turn accident may be the fault of a trucking company that hired the truck driver without doing its due diligence on the truck driver’s training and qualifications to operate a heavy commercial vehicle. It may be possible to hold a trucking company liable under theories of negligent training, negligent hiring, or negligent supervision. Alternatively, the trucking company may be indirectly liable under a theory of respondeat superior if the truck driver was in the course and scope of employment while negligently making a wide turn. In some cases, the truck driver or the trucking company that employs them will contest liability, claiming that you were partially or fully to blame. For example, they may argue that you appeared at the last second, that you were speeding, or that you should have been more careful around a large truck.
Under the doctrine of comparative negligence, your damages in a wide turn truck accident may be reduced to the extent that you were at fault for the crash. Under this doctrine, the jury will evaluate the circumstances, including any evidence that you should have been more careful, and assign each party a percentage of fault. A plaintiff’s total damages will be reduced proportionate to their fault. For that reason, it is critical to consult a Folsom personal injury attorney before talking to the insurance adjustor for an at-fault truck driver or trucking company.
Retain an Experienced Folsom Truck Accident Lawyer
Our principal, Travis G. Black, formerly worked in the insurance industry and understands how insurance adjustors think. If you have been injured in a wide turn crash, you should consult us. Not all personal injury attorneys have a full understanding of the trucking regulations and insurance concerns that may arise in connection with truck accidents. We provide experienced legal representation to injured people from our Folsom office. To obtain a free consultation with a motor Folsom truck accident lawyer, contact us online or call Black & DePaoli at 916-962-2896.