A trucking accident in Brisbane or the Gold Coast is a serious issue on the road, especially on high risk roads such as the Bruce Highway. Some trucks even carry dangerous cargo that can react when they are suddenly impacted such as gas pressurized gas canisters. Many truck drivers are professional in their job and remain alert and careful on the road. However, there are many potential road hazards such as the weather or the actions of other drivers that can contribute to human error and accidents. Driver’s fatigue is also a reality of the trucking profession and this can put a huge toll on a worker trying to navigate the Queensland roads.
Visibility is another issue with trucks, especially when looking out for smaller vehicles such as motorcycles. One of the most obvious downsides of handling a truck are the fact that truckers cannot respond as quickly to sudden obstacles on the road and maneuvers such as swerving or avoiding other drivers are simply more difficult in a truck compared with operating a regular car.
How do Brisbane Personal Injury Lawyers handle truck accidents versus other motor vehicle accident cases in Queensland?
Truck drivers share the same negligence laws as other motor vehicle drivers for breaching the rules of the road. Yet, it is advisable that an accredited specialist in personal injury with specific knowledge of how trucks operate should be chosen in order to best represent the interests of both truck drivers victimized by an accident and other drivers victimized by a negligent truck driver. Why? Because there can be many issues concerning liability that require a specific knowledge of the trucking profession:
- If the truck being driven has complied with state and federal transport legislation.
- What possible types of claims and heads of damages a claimant can make against a negligent driver.
- The quickest way to gather evidence that may be removed if left for a long period of time (e.g. skid marks).
- Jurisdiction issues if the accident occurred interstate.
- The specific factors to determine if a driver was reasonably handling their vehicle (e.g. depending on the size of the truck, issues associated with proper turning may arise)
Can I sue the truck driver’s trucking company for my injuries in the car accident?
If the truck driver is an employee of a company, then in most cases you can pursue a claim against his employer. You may pursue compensation through their third party liability insurer who will handle the legal process of the claim.
However, if the truck driver is an independent contractor, there may be separate liability insurance or a claim may have to be made directly against the truck driver as an owner operator.
It is best to speak to a personal injury lawyer for more information on how your circumstances will apply to the law.
A large truck jack-knifed and caused me an injury. Is the driver negligent?
If the driver was negligent in causing the accident then they will most likely be liable. The main cause of a jack-knife accident is often from a driver locking up the truck brakes. Defendant counsel may try to limit liability by arguing the jack knife was caused by unforeseeable events or due to the necessity of an emergency manoeuvre.
Be sure to ask an accredited specialist in personal injury how they will approach these potential arguments after investigating all of the physical evidence.
Who can sue in a truck accident injury or a fatal truck accident in Brisbane or the Gold Coast?
Your personal injury lawyer can lodge a claim on behalf of anyone injured or who has had a loved one killed in a truck accident.
In the truck accident, I wasn’t wearing my seatbelt. Would I lose my claim?
Failing to wear a seatbelt may result in you being contributorily negligent in your injuries, which will lower the amount of damages that you can claim in court.
However, this is not always the case depending on the circumstances. Ask a personal injury lawyer if contributory negligence applies to your claim.
Are trucking companies regulated by the law in Queensland?
Yes. They are regulated by the Heavy Vehicle National Law (HVNL) and its regulationsm which was commenced in Queensland on 10 Feb 2014.
There is also legislation in place for smaller vehicles such as tow trucks.
My accident occurred in New South Wales but I live in Queensland. Should I hire a New South Wales truck accident lawyer or a Queensland truck accident lawyer?
In most cases, it may be best to file a claim where the accident actually happened. It is best to speak to a personal injury lawyer about whether it is in your best interest to file elsewhere, such as where the trucking company is incorporated or does regular business.
If I am partially at fault for the accident, can I still win in a claim against a truck accident case?
That determination is up to the judge to determine based on the circumstances of your case. In general however, if you were partially at fault, your damages may be reduced or even removed entirely.
Are trucks required by the law in Queensland to carry insurance?
Yes. All vehicles on the road are required to have compulsory third party (CTP) insurance.
Is it more difficult for trucks to brake?
Yes. Trucks are longer, heavier and require more comprehensive maintenance. A truck accident due to braking problems are the most common type of trucking accidents and are often because the brakes are out of adjustment.
It is useful to review the truck’s black box for the information needed to help prove liability in this case.
I was rear ended by a tractor trailer but the truck driver claimed I caused the truck accident by backing up into him. How does Queensland law determine who is at fault?
In Queensland, there is a presumption that assumes a rear ending truck was negligent unless the truck driver can prove otherwise. The truck driver’s lawyers have the burden of proving that you backed up into the truck, which is difficult to prove in most cases.
Do you need a Brisbane truck accident lawyer?
East Coast Injury Lawyers is experienced in sorting out the complicated issues regarding trucking accidents. Would you like to know more? Take advantage of a free no obligation consultation with one of our personal injury lawyers who handle trucking accidents by contacting us today at 1300 720 544 or filling out our free case review form.