Cheyenne Commercial Truck Accident Lawyer

Commercial Trucks: Definition 

The Federal Motor Carrier Safety Administration (FMCSA) uses weight, passenger count, and types of materials transported to define commercial vehicles. In Wyoming, a commercial truck may be any vehicle owned by a business and regularly used for commercial purposes. Common types of commercial trucks can include the following:

• Buses
• Delivery vans
• Dump trucks
• Garbage trucks
• Tractor trailers 

Common Causes Of Truck Accidents

In 2020, 439,000 large trucks and 31,000 buses were involved in motor vehicle accidents in the United States. While many causes of car accidents may also generate truck accidents, some causes especially apply to commercial vehicles.

These common causes include the following:

• Aggressive driving
• Distracted driving
• Driver error
• Driving under the influence
• Equipment failure
• Fatigue
• Improperly loaded cargo
• Inexperienced drivers
• Insufficient training
• Poor vehicle maintenance
• Poor visibility
• Reckless driving
• Road conditions
• Speeding
• Weather

Legal Responsibilities Of Commercial Establishments In Wyoming

Commercial establishments are responsible for obeying laws and meeting established regulations. For example, trucking companies must hire drivers with a commercial driver’s license (CDL) to operate vehicles weighing 10,001 pounds or more. Hiring drivers without the proper credentials or training violates the establishment’s legal responsibilities.

Commercial enterprises must also comply with applicable employment laws, ensuring employees have required breaks and are well-rested. Otherwise, these issues can contribute to fatigue and driver errors. 

Commercial enterprises must also follow maintenance regulations.

Understanding Liability In Commercial Truck Accidents

Establishing liability for a commercial truck accident can be more complex than establishing liability in a car accident because there are more potential liable parties in commercial vehicle accident cases.  

The party liable for your accident could be any of the following:

• The truck driver
• The driver’s employer
• The company that owns the vehicle
• The company that manufactured the vehicle
• The government responsible for road construction and maintenance

Suppose you’re in a truck accident. Initially, it may seem that the driver fell asleep while driving. Therefore, you think that fatigue was the cause, and the driver is liable.

However, you hire an attorney to handle your accident claim. Your attorney subpoenas business records and learns the company required the driver to work 20 hours a day without breaks. In that case, your attorney may build a claim against the driver’s employer because they violated employment laws, and those violations led to the circumstances causing your accident.

Establishing liability involves proving that someone was responsible for acting in a way that would reduce the likelihood of harm to others, which is called a duty of care. Next, you must establish that this person or entity did not act in that manner, which is called a breach of duty.

Once you’ve established there was a duty, and the duty was breached, you must show that this breach caused harm (causation) and that the harm caused involved personal and financial costs (damages). 

After A Commercial Truck Accident In Cheyenne: Steps To Take

Take these steps after a commercial truck accident:

• Get to safety: Move off the road if possible to prevent further harm.
• Stay at the scene: Wait to leave the accident scene until emergency personnel authorize you. 
• Call 911: Report your accident and ensure appropriate emergency personnel respond to the scene.
• Address injuries: If your condition allows and it’s safe, check on other drivers and passengers and provide first aid. 
• Seek medical care: Ensure you receive treatment for any injuries. A medical exam and appropriate tests can confirm if you have internal injuries. 
• Create records: Use your smartphone to record video footage and take photographs of the accident scene. Images and videos will ensure you have specific, accurate information about the accident, which can help establish fault. Also, collect contact information for witnesses. 
• Exchange information: All drivers should exchange their contact and insurance information.
• Talk to a lawyer: You can receive a free consultation over the phone from the accident scene, ensuring you comply with traffic laws and protect your rights.

The Compensation Available For Commercial Truck Accident Victims In Cheyenne, Wy 

Commercial truck accident victims can seek economic and non-economic damages.

Economic damages include reimbursement for the following accident-related costs:

• Burial and funeral
• Childcare
• Home care
• Home maintenance and house cleaning
• Lost income
• Medical bills
• Transportation

Reasons for non-economic damages include the following:

• Anxiety
• Depression
• Disfigurement
• Loss of intimacy
• Loss of quality of life
• Pain and suffering
• Post-traumatic stress disorder

Commercial truck accident victims may have cause to seek punitive damages. Punitive damages apply if the liable party is guilty of gross misconduct. Your attorney can confirm whether there are grounds to seek these damages. 

The Importance Of Representation In Commercial Truck Accident Cases 

Our Cheyenne legal team will advise you of your rights and options. Our Victim’s Advocate team will investigate and collect evidence our attorneys can use to negotiate a fair settlement that delivers your deserved compensation. 

As personal injury attorneys, we understand tort and state laws, and we’re familiar with legal precedents we can use to support your claim. We’ll fight for you every step of the way until you get justice for your commercial truck accident injuries.

Sources:

Commercial License. (2024). 

Commercial Registrations. (2024). 

Number of vehicles involved in traffic crashes in the United States in 2020. (2024). 

Vehicle size and weight. (2023). What is the difference between a commercial motor vehicle (CMV) and a Non-CMV? (2024).