If you’ve been involved in a truck accident in Montana, you may wonder if the accident could have been prevented and if the truck driver or trucking company is to blame. Truck accidents can be devastating, often resulting in serious injuries or even fatalities. The sheer size and weight of commercial trucks make them a formidable force on the road, and when accidents occur, the consequences can be life-altering for those involved.

After a truck accident, victims and their families may struggle to cope with physical, emotional, and financial challenges. You may face mounting medical bills, lost wages, and a long road to recovery. It’s natural to have questions about your legal rights and options during this difficult time.

One of the most crucial questions to consider is whether the truck accident could have been prevented. By understanding the common causes of preventable trucking accidents, you can better assess whether the truck driver or trucking company may be at fault in your case.

What is a Preventable Trucking Accident?

A preventable trucking accident is often the result of negligence, recklessness, or a failure to follow state and federal regulations. Some common examples of preventable trucking accidents include:

  • Driver fatigue: Trucking companies must follow hours-of-service regulations to ensure drivers get enough rest. If a driver operates a truck while fatigued and causes an accident, it may be considered preventable. For example, truck drivers may drive a maximum of 11 hours after ten consecutive hours off duty. They must also take a 30-minute break when driving for eight hours without at least a 30-minute interruption.
  • Distracted driving: Truck drivers must focus on the road at all times. If a driver is distracted by a cell phone, GPS device, or other electronic device and causes an accident, it may be considered preventable.
  • Improper maintenance: Trucking companies are responsible for maintaining their vehicles so they’re safe on the road. If faulty brakes, worn tires, or other maintenance issues cause your truck crash, it may be considered preventable, and the trucking company could be to blame. 
  • Improperly loaded cargo: Cargo must be loaded and secured properly to prevent shifts during transport. If improperly loaded or unsecured cargo caused your accident, the shipping company may be to blame because this truck accident could’ve been prevented. 
  • Speeding or reckless driving: Truck drivers must obey posted speed limits and safely operate their vehicles. If an accident is caused by a driver speeding or driving recklessly, the truck driver may bear liability for the truck accident and injuries suffered.

Determining Liability in a Preventable Trucking Accident

If you’ve been involved in a preventable trucking accident, you may be entitled to compensation for your injuries and other damages. However, determining liability in these cases can be complex. Sometimes, the truck driver may be solely responsible for the accident. In other cases, the trucking company may share liability if they fail to properly train the driver, maintain the vehicle, or enforce safety regulations.

Here are some parties that may share liability for your truck accident:

  • Truck driver
  • Trucking company
  • Maintenance company
  • Shipping or loading company
  • Truck manufacturer
  • Other drivers

To determine liability in a preventable trucking accident, your Montana trucking accident lawyer will investigate the accident’s circumstances. This may involve reviewing police reports, witness statements, and other evidence. Your trucking accident attorney may also work with accident reconstruction experts to determine how the accident occurred and who was at fault.

Seeking Compensation for a Preventable Trucking Accident

If you’ve been injured in a preventable trucking accident, you may be entitled to compensation for a wide range of damages. These damages can include:

  • Medical expenses: Compensation for medical costs related to your injuries caused by the crash, including hospital bills, surgery, medication, physical therapy, and any future medical treatment you may require.
  • Lost wages: Lost earning capacity and your lost income. This can include past and future lost wages and any benefits you may have lost.
  • Pain and suffering: Compensation for the physical pain and emotional distress you’ve experienced as a result of the accident. This can include compensation for things like anxiety, depression, loss of enjoyment of life, and other non-economic damages.
  • Property damage: If your vehicle or other personal property was damaged in the accident, you are entitled to compensation for the cost of repairs or replacement.

Your Montana truck accident lawyer can help you pursue a claim against the truck driver, trucking company, or other responsible parties to seek compensation for these damages. 

Contact Our Montana Truck Accident Lawyers

Preventable trucking accidents can have devastating consequences for victims and their families. If you’ve been involved in a truck accident in Montana, it’s important to understand your legal rights and options. A Montana truck accident attorney can help you determine if the accident was preventable and pursue compensation for your injuries and other damages.

If you or a loved one has been injured in a preventable trucking accident, contact a Montana trucking accident attorney today to schedule a free consultation and learn more about your legal options. 

Fill out a contact form on our website, and we can contact you, or you can call us now at 406-442-7830 and get your immediate questions answered.