Washington Truck Accident Attorney - Lawyers fighting for the Rights of Trucking Accident Victims

Trucks have been and likely always will be a mainstay in terms of transportation in the United States. This is particularly true in Washington, as our state shares a border with Canada and provides a conduit to the rest of the western portion of the United States. Anyone who lives or visits here understands that trucks are always on the road with us, which has also led to a large degree of regulation and civil law passage.

Unfortunately, many laws have been passed and court decisions made because sharing the road with large trucks can be dangerous. Below you'll find information regarding the statistics that concern trucking accidents in Washington, the leading causes of these accidents and the technical questions that arise in the aftermath of a trucking accident. You will also find information regarding how you should proceed if you or someone you love has been injured in such a situation.

Washington Trucking Accident Statistics/Common Causes

According to the Bureau of Transportation Statistics, the following facts were recorded for the calendar year 2006:
  • Total occupant fatalities for all motor vehicles - 552
  • Total number of vehicles involved in fatal crashes - 858
  • Large truck occupant fatalities - 14
  • Large trucks involved in fatal crashes - 66
That can be analyzed quickly to show that more than one person every month is killed in Washington in a trucking accident, and that 5.5 fatal accidents involve large trucks every month, or more than one per week. There are several known causes for trucking accidents in Washington, and a few of them are mentioned below:
  • Speeding
  • Driving too fast for weather conditions
  • Tire blowout
  • Mechanical malfunction
  • Recklessness
  • Failure to yield
  • Driver distraction
  • Alcohol and drugs
  • Driver fatigue
Of course, there are many other causes, but these represent the most prevalent. Almost regardless of why a trucking accident occurs, an injured party is placed in a position to deal with some highly technical questions when such a situation does arise.

Washington Trucking Accidents - Technical Questions

When a trucking accident occurs, it usually does in the course of employment for the truck driver. Therefore, it gives rise to several technical legal questions that must be answered before any otherwise valid claim can move forward. A few of these examples appear below:

Who has jurisdiction, state or federal court?

If an accident occurs in the state of Washington, one can usually assume that any claims that are filed will be dealt with in Washington state court. This means that state law will apply to both the rules of evidence and the procedural aspects of the case. This would be true even if the trucking company involved is not located in Washington.

Who is the defendant - the truck driver or the trucking company?

This is one of the most difficult questions to answer within the realm of Washington law when it's applied to trucking accidents. Generally, the identity of the defendant depends on a few things, and these things can usually only be ascertained through the legal process. For instance, if the truck driver is an employee of the trucking company and gets into an accident while working, then it's likely that both the driver and the trucking company would be named as defendants.

However, if the truck driver is an independent contractor who is simply driving this particular load for a company, then it's possible that the driver will be individually responsible and the company will not. That's usually not a desirable result, though, and many lawsuits have been brought simply to prove that the driver was in fact an employee under the law despite an agreement otherwise between the driver and the company.

What if I don't know the name of the truck driver?

That should not be a problem, as if there was a trucking accident that led to an injury or worse, the police will certainly come to the scene and file a report. This report will include all of the relevant information regarding the parties who were involved in the accident.

How much 'trucking' law is involved with this sort of case?

This is a common question among those who are not truck drivers. There are extensive norms, rules and regulations that truckers are expected to follow, and failure to do so will work against them in an injury case. However, you'll need an attorney to help you understand those rules and to bring out the fact that they were not followed in court if that's what happened.

Seattle Washington Trucking Accident Lawyers

If you or someone you love has been injured in a trucking accident in Washington, you need the help of an experienced attorney to make sure that your rights are properly protected and enforced. Contact Phillips Webster today to schedule a free initial consultation and to get this process started.
 



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