There have been a few times in my life that I have needed a lawyer, and during those times, their help was invaluable. I worked with lawyers during the custody battle for my kids, when I dissolved the partnership for my business and after I suffered an injury at work. In this blog, I plan to write about the law from a range of angles. I may share posts inspired by my personal experiences, what's popular in the news or what strikes my fancy when I'm writing. I have a daughter, Oliva. I manage a medical clinic, and I love blogging. I hope you like the results. My name is Melinda, and thanks for reading!
When an accident occurs, road traffic authorities come in to determine who is at fault. The person responsible for the accident has to compensate you for any damages resulting from the accident. In some situations, it is easy to identify the person liable to pay damages to another. For example, all drivers are supposed to keep a safe distance from the vehicles ahead of them to avoid rear end collisions. If such a collision occurs, then the person driving behind you is liable because they are not driving safely enough. However, compensation may not always come your way when you are not at fault, especially when the accident involves an articulated vehicle (a vehicle towing a trailer).
Special Permits and Passes
Sometimes, articulated vehicles are authorised to carry abnormal loads. The person driving such a vehicle will do their best to ensure that there are adequate warning signs to other road users, including written warnings and hazard lights to minimise accidents. In such a case, you have the obligation to drive carefully around such vehicles. If an accident occurs in relation to the abnormal load that the vehicle is carrying, and the driver is not to blame, then it is not obvious they will be held liable. This is particularly applicable if the driver and his crew took all the reasonable measures to ensure the safety of the other road users.
Jack-knifing
Articulated vehicles are prone to jack-knifing. The vehicle and the trailer being towed are joined at pivoting points, which allows the vehicle to turn sharply regardless of the fact that it is towing a trailer. However, these pivoting points also pose the risk of jack-knifing. This is where the articulated vehicle forms a V-shape due to skidding in wet weather or sudden braking. In such a case, the driver is not liable, especially if the jack-knifing occurred due to unforeseeable conditions on the road.
The Nature of the Vehicle
Articulated vehicles have both manoeuvrability and visibility challenges. Such vehicles have blind spots right behind the vehicle and some sections of the side. Essentially, the person driving cannot see other motorists in these spots. Moreover, other factors such as the inability of such vehicles to stop abruptly also play a part in determining the liability of the person driving the truck in an accident.
You need to be keen when you encounter articulated vehicles on the road. There are many considerations taken into account when determining the liability of the truck drivers in case of an accident. It's never obvious that you will be compensated. For more information, talk to a motor vehicle accident lawyer like CLP Legal.
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