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If you're involved in an accident with a big rig, things can get more complicated than they might after a more run-of-the-mill traffic accident. Understanding the common reasons for trucking accidents, the laws involved, and the relationships among the entities (connected to the truck, trailer, and load) can help you determine whether you have a valid personal injury claim after a truck accident and big truck accident settlements.
A lot can go wrong in the operation of a semi-trailer truck. Truck-driver error is the leading cause of car accidents with big rigs. Common scenarios involve (among others) driver fatigue, drug use, driver error, and equipment issues.
Truck Driver Fatigue and Drug Use
Drowsiness or fatigue can:
A tired driver might fall asleep, be inattentive, or misjudge driving conditions.
Controlled substances can have a similar impact. Federal regulations require trucking companies to test their drivers for alcohol and drug use as a condition of employment. Carriers also must conduct periodic random tests of drivers who are on duty, and test any driver involved in an accident involving a fatality.
Driver errors such as taking a curve too fast, exceeding the speed limit, and failing to monitor blind spots can also lead to collisions
Tractor-Trailer Equipment ProblemsAnother common cause of truck accidents is equipment or mechanical failure. Manufacturing problems (like defective tires) or design errors (such as failing to provide backup warnings or object detection systems) can lead to crashes.
Failure to properly maintain equipment can also lead to trucking accidents. A few common failures that often lead to mechanical problems are:
Other causes of big rig accidents include weather conditions, traffic signal failures, and faulty road design.
The failure to comply with federal or state laws and regulations can provide the basis for a personal injury case after a big rig accident.
Federal Trucking LawsThe bulk of federal regulations dealing with the trucking industry are in Title 49 of the Code of Federal Regulations. Federal trucking laws establish standards that carriers, owners, and drivers must meet, and often determine who's responsible for a trucking accident.
For example, federal law limits the number of hours that drivers can work. Drivers of property-carrying commercial vehicles can work a maximum of 14 consecutive hours, during which time they can drive for a maximum of 11 straight hours. The driver must be off-duty for ten consecutive hours before starting a shift. A driver can't drive after being on duty for 60 hours over seven consecutive days or 70 hours in eight consecutive days, depending on whether the carrier operates its vehicles every day of the week. (49 C.F.R. § 395.3). Federal law also requires truckers to record their driving information in logbooks. (49 C.F.R. § 395.8).
Agencies that regulate truck driving include the U.S. Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMCSA). The USDOT sets safety regulations, while the FMCSA works to prevent deaths and injuries from commercial motor vehicles. Truck safety standards regulate, for instance, truck weight, equipment, and emissions. Also, trucking companies have to maintain various levels of insurance coverage depending upon the type of materials they transport.
State laws also cover the trucking industry. These laws typically set speed limits for commercial truckers and sleep requirements for drivers. Every state has a department of transportation with its own set of trucking regulations. State departments of transportation control everything from driver licensing to vehicle inspections.
If you get in a collision with a big rig and don't need immediate medical treatment, here's what you should do before leaving the scene:
After a crash, sometimes it's evident that one of the drivers did something wrong, like when you find an eyewitness who says that the truck driver failed to obey a traffic signal. But other times, getting the evidence you need to prove your case can be a bit more complicated. For example, proving that fatigue played a role in diminishing a driver's attention, performance, or reaction time can be challenging.
If you decide to file a personal injury lawsuit, a few key places to get information about a trucking accident are high-tech devices, driving logs, and government agencies. Your lawyer needs to request this information before the trucking company routinely disposes of it in the course of business.
Carriers often use an electronic logging device or an event data recorder to record information about the truck and how it's operated, including the route, vehicle miles, speed, when the driver uses the brakes, and hours of service. Other devices the carrier might use include an onboard computer, a global positioning system, and an inclinometer, which provides data about a slope's angles and rounding corners safely.
Review the Driving LogAn examination of the driving log can confirm whether the driver followed federal and state laws and rules on rest periods.
Get Information from Government AgenciesFederal and state laws require a certified truck inspector to inspect any commercial truck involved in an accident before the vehicle is removed from the scene. The resulting report will state the condition of the important mechanical parts of the semi-truck and trailer. But the report won't be part of the local police report; you have to get it from the appropriate government agency.
If you're the victim of a big-rig accident, your damages might include:
Economic damages.Economic damages include medical care and rehabilitation costs, loss of earnings, and loss of earning capacity. In addition to car damage, property damages include items in your vehicle when the crash happened, like electronics or even prescription glasses.
Noneconomic damagesYou might also have a claim for pain and suffering, emotional distress, disfigurement, or loss of enjoyment of life.
Punitive damages"Punitive damages" are damages that punish a carrier or other party that acts in bad faith, such as being dishonest or reckless.
The amount of compensation you might be able to get depends on the specific circumstances of your case and a variety of other factors, like the severity of the injuries you suffered, your medical bills, and the quality of the evidence you've collected to support your claim.
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The amount of confusion immediately following a truck crash can be great. You’ll want to make sure the police and any necessary emergency workers are called immediately to assist with any injuries or burns. The police will take extensive notes, statements from all the involved parties and any witnesses, and take photos as part of their accident report. If possible, you will also want to document as much as you can, including witness statements. If your phone’s camera is working, be sure to take as many pictures as possible of the damage to your vehicle and any injuries you and any other passengers sustained. Doing so can help you ensure that anything the police missed is still documented.
- Driver Error - Despite the increased size and impact of truck accidents, truck drivers often drive recklessly. They often drive drowsy to reach mileage goals set by their companies and may be operating their truck while under the influence or while distracted. - Poorly Maintained Trucks - Trucks are often driven thousands of miles per week and if they are not properly cared for, they can become dangerous quickly. While worn brake pads or a cracked windshield must be dealt with if they occur on smaller vehicles, they can be the cause of a major traffic accident on a truck. - Equipment Failure - Defective parts on a truck may not be the fault of the driver, but they can turn deadly. Your attorney will be able to tell if a trucking company or manufacturer may be liable for your accident in addition to the truck driver. - Improperly Loaded Cargo - Loading the beds of commercial trucks must be done carefully and in accordance with the law. If they are loaded improperly, the contents on the truck may spill out onto the road and cause accidents and injuries.
Commercial freight trucks (or ‘big rigs’) tend to weigh 80,000 pounds or more, twenty times the weight of passenger cars. Despite regulations that exist to ensure truck drivers do not drive more than ten hours per day, they are often given financial incentives for traveling large distances faster, which can directly impinge upon other drivers’ safety. - Larger Insurance Policies - Truck drivers’ insurance policies are up to fifty times larger than car accident policies. This often put ls the total value of insurance in the millions, so you can bet that the different insurance carriers named in a lawsuit will do everything in their power to prove they were not liable. Veteran insurance adjusters will be called in and employ intricate tactics, such as offering a seemingly-large payout, when your case might be worth far more. Having a trusted lawyer by your side can help make the process considerably less stressful. - Increased Property Damage - As noted above, the weight and overall size of an 18-wheeler commercial freight truck are much larger than that of a typical vehicle. That means that any surrounding property is going to be affected much more than in a crash involving two cars. - More Serious Injuries - Similarly, the injuries that are common in car accidents are also far more severe and can include intensive medical care and bills. From serious whiplash and broken bones to brain trauma and severe lacerations, injuries following a truck accident are often life-changing. - Much Larger Medical Bills - The amount of time spent in a hospital tends to be much longer than car accident-related injuries. Victims of truck accidents are unable to return to work for a prolonged period of time, if at all. By working with an experienced lawyer at Morgan & Morgan, we can more accurately calculate your current and future pain and suffering to obtain the compensation you truly deserve. - Greater Chance of Death - An accident with a large commercial truck is far more likely to result in death than a crash between two passenger cars. According to the Federal Motor Carrier Safety Administration (FMCSA), there are between 3,000 and 5,000 deaths due to truck accidents every year. Considering the number of variables involved in truck accidents and the considerable resources wielded by the trucking companies and their insurers, getting a no-cost case assessment is a recommended first step when deciding whether to obtain the services of a lawyer.
If you have been injured or lost a loved one in a truck accident, there are a number of parties who may be liable for your losses. It is not uncommon for these parties to deny fault or liability for a crash. The liable parties can include the following: - Truck driver - Truck company - Owner of the truck - Company leasing the truck - Company leasing the trailer - Shipper who wanted the load transported - Truck, trailer or parts manufacturer Injuries sustained in truck accidents can be severe, including severe brain trauma, spinal cord damage, disfigurement, burns, broken bones, lacerations, paralysis, or even death. Types of truck accident lawsuits include: - Negligence: Lawsuits filed to recover compensation for injuries sustained in a truck accident will often be based on the truck driver’s negligence. Some common indications of negligence include: - Lack of truck driving experience - Overloading trucks - Operating oversized trucks on narrow roads - Failure to see other vehicles due to the truck’s large blind spot - Failing to obey traffic laws - Driving for too long without taking a break - Failure to monitor the driving hours of the truck driver - Not keep the tractor and/or trailer in a safe, working condition - Hiring an unqualified or unfit truck driver - Failure to properly supervise the truck driver - Failure to properly train the truck driver - Selecting an unqualified or unfit truck company To prevail in a negligence lawsuit, the injured will have to show the truck driver had a duty of care to other vehicles on the road, the driver breached this duty through some action or failure to act, an injury was sustained, and the breach of duty caused the injury. In some instances, the owner of the trucking company and manager, the owner of the truck, the employer of the driver, and they're respective insurance companies may be liable after a crash. Product Liability: If a defect in the truck or one of its components contributed to the accident, there may be a viable claim against the product manufacturer(s). Product liability lawsuits based on manufacturer’s negligence will require the injured party to show: - The defective truck or a particular part was “unreasonably dangerous” - The truck was being operated as the manufacturer intended - The truck’s performance had not changed since its initial purchase Product liability suits may also be sought under strict liability where proof of negligence is unnecessary; however, claimants must prove the defect originated in the manufacturing process to prevail. This will require analysis, testing, and testimony by experts. Wrongful Death: Many times, truck accidents are so severe that the victim does not survive the crash. In some cases, the family may bring a claim on behalf of their loved one to recover compensation for their losses. Wrongful death claims require the family to prove the same facts as the deceased, had they survived and pursued a claim on their own. An attorney can help family members recover economic, non-economic, and, in certain cases, punitive damages for the loss of their loved one.
At Morgan & Morgan, not only are our truck accident lawyers deeply familiar with the different tactics used by insurance companies to reduce the compensation amount you deserve, but we also boast a deep network of expert witnesses and investigators to investigate every aspect of an accident. Following a crash, the trucking company and their insurance company will start an immediate investigation of the scene. They may record statements from witnesses, take photos of the accident scene, and examine the vehicles to determine the extent of damage caused by the crash. State authorities may also launch their own investigation into the accident, which may prove beneficial for your claim. Once you’ve chosen to retain the service of a Morgan & Morgan truck accident lawyer, we go right to work examining every aspect of your case. Our lawyer may record statements from witnesses, take photos of the accident scene, and examine the vehicles to determine the extent of damage caused by the crash. These steps include: Review camera footage, if available Interview witnesses Review mandatory police and accident reports Analyze and review medical records Interview medical staff Consult experts to reconstruct the accident scene and recreate the accident Help ensure that important evidence is preserved by the truck company and driver Obtaining alcohol and drug testing from the truck driver Obtain data from the truck’s Electronic Control Module (ECM; i.e. “black box”) Our lawyers will also protect any critical evidence from being corrupted by sending a spoliation letter to the truck company before any crucial evidence is lost or destroyed. After receiving this letter, truck companies legally must retain records of evidence pertinent to the case, such as driver logs and black box information. This miss is sent immediately following an accident, however, as truck companies may destroy these records as part of their typical course of business.
If you or a loved one were injured by a commercial truck driver and you wish to pursue legal action to receive the compensation you deserve, you will have to prove negligence on the part of the truck driver and any other parties you believe are responsible. To establish that the accident resulted due to negligence, your lawyer will establish the parameters of the truck driver’s duty of care and demonstrate that there was a breach of that duty that led to your injuries and related damages. A few common examples of negligence for truck drivers include texting while driving, speeding, running a red light or stop sign, and falling asleep at the wheel Due to the high-risk nature of truck drivers’ work, the Federal Motor Carrier Safety Administration (FMCSA) regulations stipulate drivers must adhere to the following regulations: Maintenance of logbook detailing hours driven Documenting hours of service and rest breaks Adhering to scheduled and legally-mandated maintenance requirements Proper loading of truck cargo, including hazardous materials Non-use of controlled substances and alcohol Driving no more than ten hours per work day For a full list of the Code of Federal Regulations (CFR) related to truck drivers, click here.
Like other personal injury lawsuits, the types of compensation available to those affected as the result of an accident involving a truck falls into two categories: economic damages and non-economic damages. Compensation involving economic truck accident damages serves to cover the specific monetary costs, including the following: Current Medical Expenses: This may include fees for emergency room visits, hospital care, surgery, assistive devices and appointments with approved medical professionals. Future Medical Expenses: Compensation for extended medical attention and care. Lost Wages: Compensation for the wages lost between the time of injury and the conclusion of the lawsuit. Loss of Earning Capacity: If the victim can demonstrate that their ability to earn a living has been negatively impacted, compensation may be available. The awarding party will look to establish the amount victim could have earned had the car accident not occurred. Non-economic damages compensate the victim and/or family for non-financial, intangible losses, including: Pain and Suffering: This includes compensation for the physical pain suffered as a result of injuries sustained in the crash. The nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are all included in the calculation of the award. Mental Anguish: Compensation for emotional pain stemming from a truck accident, including fright, embarrassment, nervousness, worry, grief and other forms of emotional distress caused by the accident. Loss of Consortium: Compensation awarded to a spouse, parents, and minor children loss of services, assistance, aid, society, and companionship/care of a loved one, a child, or parents. In addition to economic and non-economic damages, punitive damages may be applicable if the defendant’s actions causing the injury were willful, malicious, fraudulent or reckless. Punitive damages serve to punish the offender and dissuade similar behavior in the future.
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