|FAQ||What Should I Do?||Statistics||Statute of Limitations||City Links|
1. What is the difference between a Truck Accident case and a Automobile Accident Case?There is a great deal of difference in a Truck accident injury lawsuit and a standard car accident injury legal representation. First; there are a different set of law and regulations which govern trucking companies and trucking accidents then car accidents. There are many federal safety laws which govern the trucking industry in the United States; while car collision regulations are more state based. More so truck drivers and their trucks/cargo must meet higher safety standards in comparison to other vehicles. Trucks have been historically regulated more intensely by the federal government since many tractor-trailers often traverse interstate lines and thus are subject to the interstate commerce powers of the federal government. The Federal Motor Carrier Safety Regulation Act is one such federal law which governs truck safety standards. Also truck drivers must have special licenses and are subject to drug testing. Since there are different laws governing truck and car accident it is important that you are represented by a semi truck accident injury attorney that is skilled and knowledgeable in representing truck accident victims so they can receive the maximum possible compensation for their loss.
2. What are some of the most common reasons Semi Truck Accidents Take Place?Truck accidents usually take place because of the negligence of the truck driver, or negligence of the trucking company in complying with state and federal Truck Safety Laws. Below are some common examples of trucking accidents caused by negligent behavior.
- Sleep Deprivation Truck Driver Exhaustion due to lack of Sleep
- Drug and Alcohol Use by truck drivers
- Loads Carried by trucks that are not secured properly
- Excessive Speeding in poor conditions such as heavy winds, icy or wet roads
- Driver inattention due to on the job stress
- Defects in design, construction, and maintenance of the truck
- Exceeding the Maximum Payload of an 18-wheeler
3. I was injured in a 18-wheelere jackknifing accident. Is there automatic compensation for my injuries or do I need to file a claim and or a lawsuit against the truck driver and his employers?A Jackknifing takes place when the Tractor-Trailer truck, usually a truck carrying a load folds into itself. It resembles a folding clamp or knife. This is a horrendous incident and any cars caught in between the folding truck will be in great danger of serious bodily harm or even death. A jack-knife accident is the result of the front cab of the vehicle skidding while towing a trailer causing the trailer to push from behind forcing it to spin around and face backwards. Thou a jackknifing accident is usually the result of the negligence of the truck driver, his negligence must be proved to have cause the incident. There may be situations in which a jackknifing took place without negligence on the part of the driver. In other words a lawsuit against a truck driver accident is not based on strict liability but on negligence which needs to be proven for recovery to take place.
4. What is an “underride” accident?An underride accident takes place when a passenger car collides with trailer truck or semi-trailer and runs underneath the truck. This type of collision may result in the roof of the passenger car being sliced off. If the impact occurs near one of the truck axles, it is likely that the vehicle will be prevented from going completely under the truck. These accident are often catastrophic and lead to grace bodily harm and in many case death. wrongful death lawyers will provide a free consultation and study your case fully and see if you have a case against the truck driver or his company.
5. Who is responsible for compensating me for my injuries in a Semi Truck Accidents?Truck accident cases are often more complicated since there can be many defendants which can be responsible for your injuries. Some of the most common types of defendant are provided below.
- the truck’s driver
- the owner of the truck or trailer
- the company leasing the truck from it owner for shipping:
- truck manufacturer for building a defective product
- tire and other part manufacturers
- the shipper or loader of the truck’s cargo in cases involving excess load, or improper loading
6. What is a “commercial truck”?A commercial truck is a usually a large truck used in the course of business and/or for the transport of commercial goods. Examples are 18-wheelers, tractor trailers, tanker trucks, dump trucks, delivery vehicles, semi trucks and other large freight trucks. It is important to remember that there are different laws which govern commercial trucks. If you or a loved one has been involved in a truck accident we advise you to hire a skilled and aggressive commercial truck accident lawyer skilled in representing persons injured in such accidents.
7. Why is a traffic accident involving a commercial truck more likely to cause injury than one involving regular sized car?Despite many laws and regulations governing the safety of trucks on the road, a truck accident is vastly more harmful then an accident involving only cars. A typical fully-loaded large commercial truck can weigh more than 90,000 pounds; while an average automobile weighs approximately 3,000 pounds. Due to the sheer size disparity of the two any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.
8. What if the trucking company and its insurance carrier refuses to pay my valid claim?Insurance companies are experienced and expert in the art of low balling person they have to pay a claim to. If an insurance company refuses to pay the compensation you are owed there is a potential claim for punitive damages based on insurance bad faith. Don’t let insurance companies take advantage of you and your family. If you have been dealing with them STOP and call our large truck accident lawyers. We are tenacious litigators and have no problem taking the case to court to fight for fair treatment. Our cases are always well-researched and fully prepared. The majority of cases settle prior to a trial.
Learn more about your legal options by chatting with a representative now.