1. What are the common causes of 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:
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Lack of Training on the part of the truck driver;
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Overloaded Trucks;
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Oversized Trucks;
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Poorly maintained brakes on the trucks;
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Driving in conditions of poor visibility due to smoke fog,snow or rain;
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Truck driver inexperience;
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Fatigued, sleepy or tired driver driving too long and too many hours
without rest;
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Speeding over the limit or driving at speeds or beyond the road and
weather conditions;
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Running off the road;
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Failure to yield the right of way;
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Aggressive driving behavior;
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Truck drivers under the influence of drugs and alcohol while driving;
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Driving the truck in bad weather conditions;
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Dangerous or reckless truck driver with a long record of wrecks and
accidents;
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Unsafe safety systems, reflectors, lights and other warning devices and
-
Failure of truck to have installed an underide protection underguard.
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After being injured in a truck accident,
you are thrown into an "adversarial legal system". In other words, 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.
If you or someone you care for has
sustained a serious injury in a boating accident or watercraft accident,
call 800-437-2571 anytime for a free,
no obligation consultation with one of our experienced truck accident
attorneys or use our convenient Free
Evaluation submission form
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2. Is my case 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.
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3. 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.
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4. 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.
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5. 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.
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6. 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.
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7. 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.
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8. 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 pin down liability on
any potential at-fault defendants.
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9. 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.
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10. 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.
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11. How soon must I bring an injury or
death case based on a truck accident?
A Big Rig Accidents and/or wrongful death
action, each state has a different law. In some state a truck accident
case must be brought within two years of the date of the decedent's death,
if death occurred on or after January 1, 2004; and one year from the date
of decedent's death if the death occurred prior to January 1, 2004.
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12. 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 establish liability against any potential defendants and help maximize
your damage recovery.
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