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Every driver knows our roads are loaded with mammoth trucks that occupy the entire lane. These trucks might be called tractor-trailers, 18-wheelers, or semis. Though the truck drivers are experienced, they can sometimes make mistakes leading to serious accidents.
Truck accident lawsuits are hard-fought and complex. Driver error is the most common cause of large truck crashes. Other factors may include the weather, road conditions, and vehicle performance. If you’ve been involved in a truck accident, contact us today for expert guidance.
When we investigate your truck accident, we may request data from the CSA Program, which was designed by the Federal Motor Carrier Safety (FMCS) Administration to identify potentially high-risk trucking companies.
Trucking companies get a rating based on a number of factors and these points may also relate to your truck accident:
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In any type of complex suit, (such as vehicle crashes involving a truck driver), you need counsel. You should hire a lawyer early to protect you and your interests. There are tough issues that may arise in these cases and an attorney can help you if the case is disputed.
You should hire counsel if your injuries from the accident with a truck are serious and/or it seems there may be long-term damage. But you may not need a lawyer if your case involves only minor injury to yourself and minimal property damage.
The attorney needs to get all of the pertinent data from the truck as to the condition of the driver. All of this information is more fully developed in a blogpost on this site Auto Accidents with Trucks-Investigating.
When a truck accident happens, the insurance carrier and its lawyers get on the case right away. But it may take time for you, the plaintiff, to hire a lawyer.
That time lapse is critical.
If your case is successful, you'll receive financial compensation known as damages.
The damages you may be awarded are based on a range of factors, including:
In Virginia, the statute of limitations for injury to a person is two years from the date of injury. In the District of Columbia and Maryland, there's a three-year statute of limitations.
Generally speaking, this means a lawsuit must be filed at the courthouse within that time frame. There are exceptions to the rules but If the statute has expired without the filing of a lawsuit, then your claim is forever barred.
These rules can get very complex so you should consult with an attorney as soon as possible after you have been involved in a pedestrian accident. The attorney can explain your legal rights and the statute of limitations. You can then make a decision about what you want to do next.
In most truck accident cases, a personal injury lawyer represents you, the plaintiff, for a contingency fee. A contingency fee is a legal fee that's dependent on the outcome of the case.
The fee is often one-third of the gross recovery in damages.
If there's no recovery in the case, then there is no attorney's fee due. This system of contingent fees allows people who could not otherwise afford counsel to hire a lawyer. If people couldn't afford a lawyer, many valid claims wouldn't be pursued.
Note: The attorney may be required under the rules of the State Bar to hold the plaintiff responsible for costs. Most State Bars require that the personal injury lawyer tells the plaintiffs they may be responsible for the cost of litigation. Those costs include the cost of filing a suit, the cost of expert, and other costs.
Depending on the vehicle, there might not be any difference between these terms. Large trucks go by several names, including:
Monster trucks are twin-trailer trucks that are more than 100 feet long. They're much more likely to be involved in a truck accident than standard trucks because their size makes them unstable.
Trucks accidents (including fatal crashes involving commercial vehicles) may be due to one or more of the following:
In addition, here are some basic road rules that may relate to your truck accident:
Drivers must approach every intersection assuming that cross traffic may not obey the signals.
Drivers must not start a left turn until there's enough time for the rear of their vehicle to clear the intersection, without forcing opposing drivers to slow down.
Drivers have a duty of extreme caution in bad weather – they must reduce their speed by a third.
Truck accident discovery is complex because trucks are complex vehicles. The relation between the company and the driver is also complex. Here's a list of everything we may look into from the point of view of both the truck driver and the trucking company:
Driver status, including whether they're an employee or independent contractor. We may also look at the number of truck occupants.
Licensing. The driver must have a current commercial driver's license (CDL) and a one-year medical certificate.
Equipment failure. Identify the nature of the failure, and identify any documents that would provide evidence.
Drug test results and data from the U.S. pre-employment screening program if applicable.
Systemic issues and failures. These may show up in data from the Compliance Safety Accountability (CSA) Program, which is designed to identify potentially high risk trucking companies.
The scene and the truck. We'll visit the scene with a trucking expert and/or reconstruction expert. We may need an investigator who can locate any witnesses not identified on the police report.
Logbooks or electronic on-board recorders.
Exams. Any pre-employment or employment medical exams called for under the U.S. regulations will report any medication that the driver is on.
Load. A driver isn't paid for loading time so we need to look at logs of the “in” and “out” times at dock facilities. In some cases, drivers misreport information about driving time to boost their pay.
Credit card receipts at gas stations show the date and time and place of purchase. But many fueling facilities have agreements with trucking companies not to show dates and times, so this info should be available from the credit card company.
Toll information. Some transponder companies don't record the date and time of passing tolls, so we would get this information from the entity that monitors the toll booths.
Driver's logs. Must be kept for a minimum of two years.
Insurance. Get copies of all of the policies of insurance.
Electronic data including the black box and information from: cell phones, texting devices, videos, freight tracking equipment, any satellite-based navigation or communication system, computer generated bills of lading or fuel receipts, and any electronic communication between driver and dispatcher.
Record of driver's prior collisions, violations, or traffic citations and the date, circumstances, and outcome of each.
History of driver's employment and training.
Communications between the driver and the trucking company.
Relationship with any of the other named Defendants to this action as of the date of this incident.
Owners. Identify precisely the owner of the tractor and the trailer involved, and describe in detail all signage on the tractor and trailer. Also, find out how many other trucks and employees the company has.
Safety policies. Identify in detail and by name any documents that constitute the trucking company's safety policy or policies. State in what format they exist, i.e. paper, electronic, or otherwise.
Driver discipline policies. Identify all policies concerning driver discipline for violation of any motor carrier safety regulations. State the name of any policy manual and what format these policies exist, i.e. paper, electronic, or otherwise.
Training practices. State in detail the trucking company's safety training practices for each driver. In addition, identify all training documents and the names of the individuals responsible for overseeing safety as of the date of the incident in question.
Driver’s compensation as of the date of this incident.
