A trucking accident in Brisbane or the Gold Coast is a serious issue on the road. Trucks may carry volatile cargo, and they are significantly larger than most other vehicles that share the roads with them. Even if a truck driver is a careful and alert driver, there are many potential hazards and issues that can arise that can contribute to human error and accidents. Truck drivers often have to combat driver’s fatigue, as well as having to deal with visibility issues from other drivers in smaller vehicles such as motorcycles. A truck cannot respond as quickly to a sudden impediment on a road, or a swerving driver compared to a smaller vehicle.
How do Brisbane Personal Injury Lawyers handle truck accidents versus other motor vehicle accident cases in Queensland?
There is no difference in negligence for breaching the rules of the road. However, in some difficult cases where determining liability may be an issue, a trucking accident may require the specialized skills of an accredited specialist in personal injury to determine:
- 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?
In most cases, the answer is yes. You will most likely be pursuing compensation through their third party liability insurer who will handle the legal process of the claim.
There may be some complicated issues where the truck driver is an independent contractor and this may mean he has 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 specific information on the circumstances of your case if this situation applies.
A large truck jack-knifed and caused me an injury. Is the driver negligent?
In most cases, the answer is yes. The cause 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.
An accredited specialist in personal injury however, can often attack these 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 bring a lawsuit 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 lessen the damages you can claim in court.
However, this is not always the case depending on the circumstances. It is best to tell your personal injury lawyer your story of what happened so the law can be properly applied to your situation.
Are trucking companies regulated by the law in Queensland?
Yes. The Hevy Vehicle National Law (HVNL) and its regulations were commenced in Queensland on 10 Feb 2014.
There is also legislation in place for smaller vehicles such as regulation for 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?
If you are partially at fault, your damages may be reduced or even removed entirely. However, that is up to the judge to determine based on the circumstances of your case.
Are trucks required by the law in Queensland to carry insurance?
Yes. All vehicles on the road are required to carry compulsory third party (CTP) insurance.
Is it more difficult for trucks to brake?
Absolutely. Trucks are much longer, heavier and require a more comprehensive maintenance of their brakes. Truck accidents due to braking complications are the most common cause of trucking accidents and are often because the brakes are out of adjustment.
The truck’s black box often has 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 of negligence in a rear end truck accident. The law assumes that the 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 or Gold Coast truck accident lawyer?
East Coast Injury Lawyers is experienced in sorting out these complicated issues. There are many complexities that may arise in a truck accident claim and it is important that you seek the advice of an accredited specialist in personal injury.
Take advantage of a free no obligation consultation with one of our personal injury lawyers today. It is the best way to make sure your story gets told to a professional who can best apply the law for your situation.
If you have recently been injured in a trucking accident, contact us today at 1300 720 544 or fill out our free case review form. We will reply to you as soon as possible.