Any news relating to a truck accident, be it in Brisbane or on the Gold Coast, highlights that when a truck is involved in an accident, there are usually serious consequences for all those involved. This is usually due to the fact that trucks are considerably larger than other vehicles on the road or because the truck is transporting volatile cargo.
Even if a truck driver is alert, careful and drives according to the road rules, there are some things that remain out of the control of the truck driver. For example, due to the size of the truck, the brakes of the truck cannot stop the truck with the same speed and effectiveness as that of a smaller vehicle. Thus, in the instance of a truck driver responding to vehicle stopping suddenly in front of them, the truck driver may be unable to stop the truck in sufficient time.
Do Brisbane Personal Injury Lawyers treat accidents involving trucks differently to other motor vehicle accidents?
The laws relating to negligence apply in the same way to all drivers, including truck drivers. However, in some situations, there may be some difficulty in determining liability, in other words, who is at legally responsible for the damage.
The situation may require the expertise of an accredited personal injury specialist in order to:
- Determine if the truck driver complied with both state and federal transport legislation.
- Identify the type of claims and also, the type of claim for damages the injured party can make.
- Obtain evidence before the evidence is lost.
- Determine if the at-fault driver was operating their vehicle in a reasonable manner given the size of their vehicle, weather and traffic conditions etc. Issues relating to the proper maintenace of the truck may require further investigation.
- Resolve jurisdictional issues in the instance that the accident occurred interstate.
Can the at fault truck driver’s employer be sued for their worker’s negligence?
If the at fault truck driver is a worker, and was undertaking employment duties at the time of the accident, you may be able to sue the employer if the accident occurred as a result of some “system of work” the at fault driver was undertaking.
I sustained an injury as a result of a large truck jack-knifing. Would the truck driver be considered “at-fault”?
In a situation involving a truck jack-knifing, the truck driver would usually be considered as negligent or “at fault”. What will be closely scrutinized is the reason why the truck driver had to lock their brakes and thus cause the truck to jack-knife. If it can be established that the truck driver was driving too close to the vehicle in front or too fast given the road conditions, there would be a strong argument that the truck driver is negligent. If however, the truck driver’s legal representatives can establish that the driver’s actions were a result of an unforeseeable event or in response to an emergency situation, then the truck driver’s liability may be limited.
It is important to discuss with one of our accredited personal injury law specialists the circumstances of the accident. Please call 1300 720 544 to arrange a free consultation with one of our accredited personal injury specialists to discuss the circumstances of the accident.
If a person is either seriously injured or killed as a result of a truck accident, who will be held accountable?
A claim can be made against the party who either caused the personal injury or fatally injured a family member or loved one.
What happens if I was not wearing my seatbelt?
Depending upon the circumstances of the accident, your failure to wear a seatbelt may result in you being found to contribute towards your own injuries. If it is established that you did contribute towards your own injuries, your damages may be reduced. Contact us now on 1300 720 544 to organise your free consultation with one of our personal injury law specialists so that you may be better advised as to what would be your best course of action.
Are trucking companies regulated by particular laws in Queensland?
Trucking companies in Queensland are regulated by the Heavy Vehicle National Law (Queensland) Act.
There is similar legislation for smaller vehicles, such as tow trucks.
The accident involving the truck occurred in NSW but I live in Queensland. Should I hire a lawyer who is based in NSW or Queensland?
In most instances it would be best to hire a lawyer who is based in the state where the accident occurred. However, if the incorporated trucking company is based , for example, in Victoria, it may be best to hire a lawyer based there. It is best to discuss the circumstances of the accident during your initial, free consultation with one our accredited personal injury law specialists. Based on this information, we can then advise you as to the options that may be available to you.
If I am partially at fault for causing the truck accident, can I still make a claim?
You can still make a claim however, If it can be established that you contributed towards the accident and/ or your own personal injury, your damages may be reduced or denied.
Does Queensland law require that trucks be insured?
All vehicles, including trucks, are required by Queensland law to have Compulsory Third Party (CTP) insurance. What this means is that if you are injured as a result of the truck driver’s negligence, you will be able to be compensated for your personal injury regardless of the financial status of either the truck driver or the truck driver’s employer.
Is it more difficult for trucks to brake?
It is more difficult for trucks to brake because trucks are typically much heavier and consequently they cannot stop at the same rate as that of a smaller vehicle. Therefore, trucks require consistent and thorough maintenance of their brakes. Issues arising out of the truck’s braking system is amongst the most common reason for trucking accidents. I was rear ended by a truck driver but the truck driver claims that I backed into him and that I caused the accident.
How does Queensland law determine who is at fault for the accident?
There is a presumption in Queensland law that the driver who rear ended the vehicle is at-fault or, in other words, negligent. This presumption remains unless the allegedly at fault driver can prove that they did not cause the accident i.e. they were not at fault.
Do you need a Brisbane or Gold Coast truck accident lawyer?
East Coast Injury Lawyers is experienced in successfully resolving the complex issues surrounding motor vehicle accidents, including those involving trucks. These complex issues necessitate the experience and skills of an accredited personal injury specialist.
Contact East Coast Injury Lawyers on 1300 720 544 to arrange for your free consultation with one of our accredited personal injury specialists.
At the conclusion of your free consultation, we will be able to advise you with respects to the options that you have available and of any time limits that may be applicable to your situation.
