On behalf of Ladah Law Firm, PLLC posted in Truck Accidents on Wednesday, June 25, 2014.
Because truckers and their licenses are subject to a higher level of scrutiny when on the roadways, accidents with trucks such as 18-wheelers and semi-trucks are usually investigated a little differently by the authorities. There are a number of federal rules that operators of big-rig trucks have to adhere to while traveling on the highways that ordinary car drivers don’t have to follow. For instance, the weigh stations that are at certain exists on the roads are just one example of the different standards that exist for truck operators.
There was an accident on a street in Las Vegas wherein the driver of an SUV crashed into a truck, resulting in the woman driving the SUV being trapped in her vehicle until she was rescued by fire and rescue personnel. While the accident has not been thoroughly investigated as of yet, it is clear that after the collision the SUV did roll over onto its side. Neither the woman in the SUV nor the driver and passenger of the truck were seriously injured. The woman was taken to the hospital with minor injuries.
Negligence is the legal claim that is at the heart of most vehicular accidents, including truck accidents. In order to be successful in a negligence action, the elements of negligence have to be proven to the legal standard that is applicable. The elements of negligence are that a duty was owed, breach of that duty which proximately caused the harm, factual causation and damages. Each element has to be satisfied by the party that files the lawsuit, and only then will a claim for negligence stand.
Source: Las Vegas Sun, “Collision flips car onto side, trapping driver,” Ian Whitaker, June 11, 2014
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