Truck Accident FAQs
2. Is there a difference between a tractor trailer accident and a car accident?
3. Are there additional laws that apply to truckers to keep the roads safer?
4. Are there any federal regulations governing truck drivers?
5. How do I recover compensation for damages in a tractor trailer case?
6. How soon do I need to bring a case in a tractor trailer collision?
7. Who will pay my medical bills in a tractor trailer accident?
8. What are the common causes of truck accidents?
9. Who can sue in a personal injury case involving a truck accident injury?
10. What damages can be recovered in a personal injury claim involving a tractor-trailer truck?
11. What are the “hours of service” rules?
12. Do I need an attorney to litigate my truck accident case?
1. What are some of the most
common tractor trailer accidents?
The most common types of tractor trailer accidents
are:
- Head on collisions
- Rear end collisions
- Broadside collisions
- Center lane crossover
- Lane change collisions
- Jack-knifed trucks
- Loss of control of vehicle
- Hit and Run
2. Is there a difference
between a tractor trailer accident and a car
accident?
Trucking accidents are different from auto accidents
in many ways, one of the most serious being the
extent of damages and injuries when a truck and an
automobile collide. Because "big rigs",
"18 wheelers" and tractor-trailers can
weigh in excess of 80,000 pounds, a trucking
collision can have deadly consequences.
3. Are there additional laws
that apply to truckers to keep the roads safer?
There are unique laws and regulations that are
designed specifically to protect motorists from the
negligent actions of truck drivers and trucking
companies. Federal and state regulations require
truckers to have adequate rest to prevent driver
fatigue on the highway. There are also other
specific rules for trucks including proper loading
of the materials the truck is carrying and safety
rules on traveling speeds and when passing other
vehicles.
4. Are there any federal
regulations governing truck drivers?
Trucking companies are required to follow the
Federal Motor Carrier Safety Administration’s
regulations concerning equipment and hours of
service. Truck drivers are also required to maintain
a driver’s log; however the timeframe is limited.
Federal regulations require commercial trucks to
carry certain levels of insurance coverage,
depending on the nature of materials hauled. These
regulations protect victims of large truck crashes
from truck owners who may not have the financial
resources to pay damages out-of-pocket.
5. How do I recover
compensation for damages in a tractor trailer case?
In order to get compensation, an attorney will need
to show the truck driver failed to use due care in
the operation of the truck. Typically, in cases
where serious injury has resulted, a plaintiff will
have claims for pain and suffering, negligent and/or
intentional infliction of emotional distress, and
loss of consortium.
6. How soon do I need to bring
a case in a tractor trailer collision?
Contact
an attorney at Oshman & Mirisola, LLP as soon as
possible. In truck collisions, federal regulations
require that certain essential evidence only be
maintained for a limited amount of time. For
instance, the truck driver's log may be destroyed
after six months if an attorney does not obtain a
court order or take other immediate action.
7. Who will pay my medical
bills in a tractor trailer accident?
The truck company may not pay your medical bills
immediately. However, your own insurance will often
contain medical payment provisions to pay for bills
ranging from funeral costs to x-rays. It is usually
not in your best interest to sign a medical
release/authorization or to give a statement to the
trucking company or any insurance company before
contacting an attorney. Contact
an attorney at Oshman & Mirisola, LLP today to
discuss your situation and injuries.
8. What are the common causes
of truck accidents?
Some of the most common causes of trucking accidents
include:
- Lack of training
- Overloaded trucks
- Oversized trucks
- Brake failure/defect
- Poor driving conditions
- Driver inexperience
- Fatigue
- Speeding
- Running off the road
- Failure to yield the right of way
- Aggressive driving behavior
- Driving under the influence of drugs and/or alcohol
- Dangerous or reckless driving
- Mechanical failure
9. Who can sue in a personal
injury case involving a truck accident injury?
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, besides the person suing, 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.
10. What damages can be
recovered in a personal injury claim involving a
tractor-trailer truck?
Each state has a different law regarding personal
injury damages. 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/or
- punitive damages
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.
Please see our page on Wrongful Death for more information.
11. What are the “hours of
service” rules?
Under federal “hours of service” regulations,
which took effect January 2004, interstate
commercial drivers are not allowed to drive more
than 11 consecutive hours or drive after 14 hours on
duty until they have had a 10-hour break. In
addition, according to federal regulations,
commercial truck drivers cannot drive after accruing
60 work hours during a 7-day period or 70 work hours
during an 8-day period.
12. Do I need an attorney to
litigate my truck accident case?
Unless you have a minor injury, which is rare in
truck accident cases, you should retain
an attorney at Oshman & Mirisola, LLP. An
experienced truck accident attorney can secure vital
evidence before it is destroyed, and can establish
liability against any potential defendants to help
maximize your damage recovery.