What are the common causes of truck accidents?
In a truck accident, there may be a multitude of reasons that the truck accident occurred.
Some of the more 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 truck
- Driving in conditions of poor visibility
- Truck driver inexperience
- Speeding
- Fatigued driver
- Aggressive driving behavior
- Truck driver under the influence of drugs and/or alcohol
- Driving the truck in bad weather conditions
- Dangerous or reckless driving
- Unsafe safety systems, reflectors, lights and other warning devices
Are trucking companies regulated by the Federal Government?
Yes. The Federal Motor Carrier Safety Administration establishes rules and regulations for commercial motor vehicles and the companies who operate these vehicles. This is their attempt to make the interstate highways safer.
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.
Who can be sued in a truck accident case?
Any person or entity that was at fault for causing the accident can be sued. This includes the driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person or entity who in any way contributed to the accident.
Is investigation important in a truck accident?
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 disadvantage. It is important that you retain an attorney who immediately investigates the case to preserve evident before it is destroyed and pin down liability on any potential at-fault defendants.
Do I need an attorney to litigate my 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 disadvantage. It is important that you retain an attorney who immediately investigates the case to preserve evident before it is destroyed and pin down liability on any potential at-fault defendants.
What hard copy of evidence is there to find fault with a truck driver?
Truck driver documentation is tightly regulated. The paperwork that truck drivers and their employer must maintain is very useful in determining if the driver of a truck was negligent. Materials most useful in determining the conduct of a truck operator include:
- Copy of driver's license
- Truck inspection reports
- Tractor-trailer maintenance records
- Truck driver personnel and employment records
- Truck driver log six months prior to the accident
- Truck driver log the day of the accident
- Dispatch tickets and routing instructions
- Toll and delivery receipts
- Weight bills and scale receipts
- Repair bills
- Gas receipts
How soon must I bring an injury or death case based on a truck accident?
First you must realize 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 trucking company, not you. Do not give any oral or written statement or sign any releases for medical records or employment records.
How do I deal with trucking companies or their insurance carriers after a truck accident?
Each state has different laws pertaining to the time-frame in which to file a lawsuit. Some states require a lawsuit to be filed within two years of an accident. Other states have shorter time periods while some have longer time periods. It is important that you contact an experienced attorney who can preserve your legal rights.