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1. What are some of the most common tractor trailer
accidents?
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. What is the 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?
You need to
contact
an attorney 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 in
your best interest not to sign a medical release or
authorization, and not to give a statement to the
trucking company or any insurance company before
contacting an attorney. Contact an attorney at
Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. 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.
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. 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.
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