The policy of the Federal Motor Carrier Safety Association (FMCSA) in 2012 that insists that truckers are liable for truck-related collisions is "blame truck drivers first." As expected, this policy induced flak from truckers, particularly the American Trucking Association (ATA). The ATA believes it's wrong for their drivers to be blamed every time, specifically when the points show otherwise.
Accidents are at times brought about by the actions of both parties or, in some cases, by the victim himself. This gives a challenge for wrongful death claims connected to trucks. A trucking accident lawyer in North Dakotais mindful that victims can share part of the blame, which the burden of responsibility does not always depend solely on the trucker's shoulders.
One significant case is the death of Carla Swart. In 2011, the young cycling headliner was hit by a truck while she was training in South Africa. The investigation, along with eyewitness accounts, revealed that Swart miscalculated by looking over her left shoulder as she made a U-turn. This is common practice in the U.S., but not in South Africa where drivers drive on the left side of the thoroughfare. As a result, she was hit by the truck despite the driver's attempts to steer clear.
Carla was declared dead on arrival at the medical facility. The next day, her dad expressed he wouldn't file a lawsuit, let alone find fault with the trucker, for the death of his little girl. He was convinced that the trucker took every safety measure in driving safely and recognized that Carla made a deadly mistake.
While there are definitely exceptions to the rule, it stays a fact that there are a lot of accidents led to by the carelessness of truck drivers. North Dakota trucking accident lawyers motivate victims to take heart and fight for their rights by filing a claim. Enlisting the services of a seasoned attorney from a leading firm can help make sure that they are correctly compensated. The services of lawyers focusing on such cases has become more necessary than ever before, given the expansion of North Dakota's trucking industry many thanks to the discovery of the Bakken deposit.
Seek advice from a wrongful death lawyer in North Dakota to understand more about trucking accidents and who should be held liable. You can also have a look at Justia.com for online resources about the subject.
North Dakota Trucking Accident Lawyer: Truckers Aren't Alway