Frequently Asked Questions about Trucking Accidents
2. How do I negotiate with a trucking company or its insurance carrier after a trucking accident?
3. Are trucking-accident cases different than cases involving other types of vehicles?
4. Are trucking companies regulated by the federal government?
5. Does federal law limit the number of hours a trucker can operate a truck?
6. Are trucks required by federal law to carry insurance?
7. Who may sue for a death or injury resulting from a trucking accident?
8. Who may be sued in a trucking-accident case?
9. How important is a trucking-accident investigation?
10. Are expert witnesses necessary to prove fault in a trucking-accident case?
11. What damages are recoverable in a case involving trucking-accident injury or death?
12. What is the deadline for filing a personal injury or wrongful death case after a trucking accident?
13. Is an attorney needed to litigate a trucking-accident case?
1. What are the common causes of trucking accidents?
Trucking accidents have many causes. Some of the most common are:
- Inadequate driver training
- Overloaded trucks
- Oversized trucks
- Poor brake maintenance
- Poor visibility as a result of smoke, fog, snow or rain
- Inexperienced truck drivers
- Fatigued, sleepy or tired drivers who have been behind the wheel for too long without rest
- Driving over the speed limit or driving at speeds unsafe for the road and weather conditions
- Running off the road
- Failure to yield the right of way
- Aggressive driving behavior
- Driving under the influence of drugs or alcohol
- Driving in bad weather conditions
- Dangerous driving by someone with a history of accidents and wrecks
- Dangerous or broken safety systems, reflectors, lights and other warning devices
- Absence of an underride guard
2. How do I negotiate with a trucking company or its insurance carrier after a trucking accident?
When it comes to negotiating after an accident, trucking companies and insurance carriers have the upper hand. As soon as a crash is reported, an accident investigator is dispatched by the trucking company. While victims are hospitalized or family members face the heartbreaking task of making funeral arrangements, the trucking company’s accident investigator is already hard at work preparing a defense.
The adjuster for the insurance carrier also gets to work immediately after an accident. The adjuster, whose job it is to minimize the amount of money a carrier may have to pay to a trucking-accident victim or the victim’s family, will look for ways to shift blame away from the trucking company and onto the victim. As a result, victims should never provide any statement to the adjuster or sign releases that would permit access to employment or medical records or allow the adjuster to interview doctors.
The victims of trucking accidents and their families need a level playing field, and the best way to get this is to find an attorney who can protect their interests. Carey, Danis & Lowe has investigators who can on the case within hours of a crash. Our staff will see to it that critical crash evidence is safeguarded and not destroyed. Our lawyers are experienced with trucking companies and insurance carriers and in trying cases against them.
3. Are trucking-accident cases different than cases involving other types of vehicles?
Yes. Although the same laws of negligence will apply, commercial truck drivers and trucking companies are subject to special statutes and regulations. Truck drivers must obtains special licenses and training and undergo driving reviews and background employment checks. A number of laws require truckers and their employers to keep certain records that can be critical in prosecuting truck cases. Truck movements are often tracked with the use of global positioning systems. In some cases the actual truck movements recorded by GPS don’t sync up with the logbooks a trucker maintains. Black-box data often contains information on the truck in the time leading up to the crash. Knowing how to gain access to and interpret the information is important because truck accidents are harder to defend and easier to win for plaintiffs.
4. Are trucking companies regulated by the federal government?
Yes. The Federal Motor Carrier Safety Administration establishes rules and regulations that govern commercial motor vehicles and the companies that operate these vehicles. The purpose of the rules is to make the interstate highways safer.
5. Does federal law limit the number of hours a driver can operate a truck?
Yes. Since 1939, federal law has restricted the hours of service a trucker may operate a truck. These rules are designed to promote safety by ensuring that truck drivers get the rest needed to operate their big rigs safely.
6. 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 and Missouri require trucking companies to carry at least $500,000 of liability insurance.
7. Who may sue for a death or injury resulting from a trucking accident?
Anyone who is injured or has had a close relative killed in a truck accident may sue if the accident was caused by the carelessness of another. Close relatives who may bring a wrongful death suit include the spouse, parents, and the children of the victim. If the children are still minors, the suit may be filed through a guardian or parent.
8. Who may be sued in a trucking-accident case?
Any person or company that was at fault for causing the accident may be sued. The truck driver, the trucking company, the owner of the trailer and the shipper could all be named as defendants in a trucking-accident case. A vehicle manufacturer, tire manufacturer or property owner may have also played a part in causing the collision. If so, they could be named as defendants.
9. How important is a trucking-accident investigation?
An investigation is not just important—it is critical. Large trucking companies investigate immediately after an accident. It is important for a crash victim or family of a victim to hire an attorney who will immediately investigate the accident, secure the evidence and identify the careless parties who caused the collision.
10. Are expert witnesses necessary to prove fault in a trucking-accident case?
Frequently expert witnesses are needed to prove fault. The experts chosen to investigate the accident should have special expertise in the design, manufacture and operation of trucks and the rules of the trucking industry.
Experts may not be needed in cases involving clear-cut liability or those in which law-enforcement personnel conducted the accident investigation.
11. What damages are recoverable in a case involving trucking-accident injury or death?
The damages that may be recovered differ from state to state, but generally a seriously injured victim may be entitled to recover past and future medical expenses, past and future lost income or earning capacity, and compensation for past and future pain, suffering and emotional distress. If the defendant’s conduct is particularly egregious, punitive damages may be awarded as well.
If a person dies as a result of a truck accident, the survivors may recover monetary damages for their economic losses and emotional-distress damages for loss of society, love and comfort.
12. What is the deadline for filing a personal injury or wrongful death case after a truck accident?
Like the recoverable damages, deadlines vary from state to state. Many states require a lawsuit to be filed within two years of the accident. Some states, such as Kentucky, Tennessee and Louisiana, impose a one-year deadline. In Missouri, if the accident caused injuries but did not result in death, any suit must be filed within five years of the accident. However, if the victim was killed in the accident, a suit must be filed within two years from the date of death. To learn the exact period that applies, contact Carey, Danis & Lowe.
13. Is an attorney needed to litigate a trucking-accident case?
Yes. Unless a minor injury was involved, an attorney should be hired. A lawyer will safeguard vital evidence before it is destroyed, establish liability against any potential defendants and help maximize the compensation recovered.
Contact the lawyers at Carey, Danis & Lowe today by calling 877-678-3400.