Frequently Asked Questions About Truck Accidents

What are the common causes of a truck accident?

In a truck accident there may be a multitude of reasons that the truck accident occurred in the first place. Some of the most common causes of trucking accidents include:

  • Lack of Training on the part of the truck driver
  • Overloaded Trucks
  • Oversized Trucks
  • Poorly maintained brakes on the trucks
  • Driving in conditions of poor visibility due to smoke fog,snow or rain
  • Truck driver inexperience
  • Fatigued, sleepy or tired driver driving too long and too many hours without rest
  • Speeding over the limit or driving at speeds or beyond the road and weather conditions
  • Running off the road
  • Failure to yield the right of way
  • Aggressive driving behavior
  • Truck drivers under the influence of drugs and alcohol while driving
  • Driving the truck in bad weather conditions
  • Dangerous or reckless truck driver with a long record of wrecks and accidents
  • Unsafe safety systems, reflectors, lights and other warning devices
  • Failure of truck to have installed an underide protection underguard Top Page


How do I deal with trucking companies or their insurance carriers after a truck accident?

One thing you have to know is that you are not negotiating on level ground when dealing with a trucking company after an accident. Most trucking companies are highly skilled at auto truck accident investigation and claims practice. These adjusters represent the truck company,not you. Do not give them any type statements or sign any releases for medical records or employment records. Often the medical release allows the adjuster to talk to the doctors without you or anyone being present.

Truck companies have accident investigators that are on call and dispatched to the scene of the crash as soon as the trucking company learns there has been an accident. Further while the families of the accident victims are tending to medical and hospital care and funeral arraignments, the trucking company is investigating the accident and setting up their defense.This is why the victims big truck accidents need to also have a team of investigators on their side, fighting for their rights. Our firm has the necessary resources to investigate an accident with in hours and the ability to file the required paperwork to secure the evidence before it is destroyed.

Is my situation any different if I am injured, or a family member is killed, by a truck as opposed to any other vehicle driver?

Yes. Although the same laws of negligence will apply, there are special Vehicle Code sections which apply only to commercial truck drivers and trucking companies and there are special licensing and training requirements of truck drivers which generally make truck accidents harder to defend and easier to win for plaintiffs. In addition, truckers and there employers are required by law to maintain various documents that are critical in prosecuting truck cases. These documents are often destroyed by the trucking companies if not secured shortly after the incident occurs.

Are trucking companies regulated by the Federal Government?

Yes. The Federal Motor Carrier Safety Administration establishes rules and regulations which govern commercial motor vehicles and the companies who operate these vehicles. Their stated purpose is to attempt to make the interstate highways more safe.

Does Federal law limit the hours that a trucker can operate his truck?

Yes. Since 1939, Federal law has placed restrictions on the "hours of service" that a trucker may operate his truck. Recent changes have been made to these rules for the first time in over 60 years. These rules are designed to promote safety by helping to ensure that truck drivers are getting the needed rest to operate their big rigs safely.

Are trucks required by Federal law to carry insurance?

Yes. Federal law requires commercial vehicles traveling in interstate commerce to carry $750,000 of insurance for bodily injury and property damage. Most State laws also impose minimum insurance requirements on trucks not covered under Federal law. For example, Texas requires trucking companies to carry atleast $500,000 of liability insurance.


Who can sue in a truck accident injury or death case?

Anyone who is injured or has had a loved one killed in a truck accident can sue as long as some other person or entity is at fault for the accident. This includes adults and children (who can sue through guardians or parents); and even truck drivers if another person or entity was at fault for the accident.

Who can be sued in a truck accident case?

Any person or entity who was at fault for causing the accident can be sued. This includes the truck driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person or entity who in anyway contributed to the accident, such as the manufacturer of one of the vehicles involved in the accident, the manufacturer of a tire that contributed to the accident or the owner of any public or private property whose negligence contributed to the accident.

Is investigation important in a truck accident case?

Yes. It is critical. If the truck was commercially owned, in most situations large trucking companies will perform their own investigation immediately after the accident. This puts you at a vast disadvantage. It is important that you retain an attorney who immediately investigates the case to attempt to secure evidence before it is destroyed and pin down liability on any potential at-fault defendants.

Are expert witnesses necessary to prove fault in a truck accident case?

Usually. Unless there is no question that one party was completely at fault, a plaintiff in any serious injury or death case involving a truck should usually retain an expert. Further, that expert should have special expertise in the design, manufacture and operation of trucks and the rules of the trucking industry.

What damages can I, or the survivors of a loved one, recover in a truck accident injury or death case?

Each state has a different law. A seriously injured plaintiff may be entitled to recover all of his or her past and future medical expenses; past and future loss of income/earning capacity; past and future pain, suffering and emotional distress and in cases in which the defendant's conduct is particularly bad, punitive damages may be awarded to punish the defendant. If a person dies in a truck accident, the survivors may recover monetary damages for their economic losses and emotional distress damages for loss of society, love and comfort.

How soon must I bring an injury or death case based on a truck accident?

Each state has a different law. Many states; including Texas, require a lawsuit to be filed within two years of the accident. Some states have shorter time periods; while other states have longer time periods. You should contact our office to find out the exact time period in your state.

Do I need an attorney to litigate my truck accident case?

Yes. Unless you have a very minor injury, which is rare in truck accident cases, you will need to retain an attorney to secure vital evidence before it is destroyed and to establish liability against any potential defendants and help maximize your damage recovery.

 

 

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Latest News

Court Issues Split Ruling on Drivers’ Hours of Service Rule

A federal court issued a split ruling Tuesday on the government’s rules governing truck driver hours of service, rejecting a petition by a group representing owner-operators but granting a separate request by a public safety advocate group.

American Trucking Associations said it will seek a stay from the court to keep current rules in place until the Federal Motor Carrier Safety Administration provides the court with explanations for two of the rules provisions, the group said following the ruling.

“ATA believes the existing rules have proven to be a significant improvement over the old rules in terms of reducing driver fatigue and related incidents,” said ATA President Bill Graves.

“Motor carrier experience and FMCSA data dramatically illustrate this. ATA plans to provide additional real-world documentation of the effectiveness of the current rules,” Graves said in a statement.

The U.S. Court of Appeals for the District of Columbia’s decision denied a motion by the Owner-Operator Independent Drivers Association but granted a request by Public Citizen and other groups to overturn portions of the HOS rule.

The court’s ruling ends nearly eight months of speculating about the fate of the rule, which will now go back to the Federal Motor Carrier Safety Administration.

The three-judge panel ruled that FMCSA “failed to give interested parties an opportunity to comment on the methodology of the crash-risk model that the agency used to justify an increase in the maximum number of daily and weekly hours that truck drivers may drive and work.”

“We also find that the agency failed to provide an explanation for critical elements of that methodology,” the court stated.

In a written statement, FMCSA said it was evaluating its next step.

“We are analyzing the decision issued today to understand the court’s findings as well as determine the agency’s next steps to prevent driver fatigue, ensure safe and efficient motor carrier operations and save lives,” FMCSA said. “This decision does not go into effect until Sept. 14, unless the court orders otherwise.”

The court vacated the portions of the rule that extended the maximum allowable driving time to 11 hours from the previous limit of 10, and eliminated the so-called 34-hour restart, which allows drivers to reset their maximum allowable hours in a week.

The ruling maintains the limit for drivers’ work time of 14 consecutive hours. Previously, the agency had allowed drivers to work for 15 hours per day, but had let them clock on and off duty.

The court setback is FMCSA’s second since it first tried to rewrite the hours rules in 2003. The 2003 regulation was entirely vacated by the court in July 2004, but a one-year congressional extension allowed the agency to work on a revision with the struck-down rule in place.

FMCSA issued a new rule in 2005, making almost no changes to the previously voided rule, but making modifications to the provisions governing sleeper berth use.

OOIDA had challenged these rules, saying they were too inflexible and created an unsafe driving environment, but that challenge was rejected by the court.

By Transport Topics