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Truck
Accidents
1.
What are some of the most common tractor trailer
accidents?
The most common types of tractor trailer accidents
are:
Head on collisions
Rear end collisions
Broadside collisions
Center lane crossover
Lane change collisions
Jack-knifed trucks
Loss of control of vehicle
Hit and Run
2. Is
there a difference between a tractor trailer
accident and a car accident?
Trucking accidents are different from auto accidents
in many ways, one of the most serious being the
extent of damages and injuries when a truck and an
automobile collide. Because big rigs, 18 wheelers
and tractor-trailers can weigh in excess of 80,000
pounds, a trucking collision can have deadly
consequences.
3.
Are there additional laws that apply to truckers to
keep the roads safer?
There are unique laws and regulations that are
designed specifically to protect motorists from the
negligent actions of truck drivers and trucking
companies. Federal and state regulations require
truckers to have adequate rest to prevent driver
fatigue on the highway. There are also other
specific rules for trucks including proper loading
of the materials the truck is carrying and safety
rules on traveling speeds and when passing other
vehicles.
4.
Are there any federal regulations governing truck
drivers?
Trucking companies are required to follow the
Federal Motor Carrier Safety Administration's
regulations concerning equipment and hours of
service. Truck drivers are also required to maintain
a driver's log; however the timeframe is limited.
Federal regulations require commercial trucks to
carry certain levels of insurance coverage,
depending on the nature of materials hauled. These
regulations protect victims of large truck crashes
from truck owners who may not have the financial
resources to pay damages out-of-pocket.
5.
How do I recover compensation for damages in a
tractor trailer case?
In order to get compensation, an attorney will need
to show the truck driver failed to use due care in
the operation of the truck. Typically, in cases
where serious injury has resulted, a plaintiff will
have claims for pain and suffering, negligent and/or
intentional infliction of emotional distress, and
loss of consortium.
6.
How soon do I need to bring a case in a tractor
trailer collision?
You need to contact an
attorney at Gary C. Johnson, P.S.C. as soon as
possible. In truck collisions, federal regulations
require that certain essential evidence only be
maintained for a limited amount of time. For
instance, the truck driver's log may be destroyed
after six months if an attorney does not obtain a
court order or take other immediate action.
7.
Who will pay my medical bills in a tractor trailer
accident?
The truck company may not pay your medical bills
immediately. However, your own insurance will often
contain medical payment provisions to pay for bills
ranging from funeral costs to x-rays. It is usually
not your best interest to sign a medical
release/authorization or to give a statement to the
trucking company or any insurance company before
contacting an attorney. Contact
an attorney at Gary C. Johnson, P.S.C. today to
discuss your situation and injuries.
8.
What are the common causes of truck accidents?
Some of the most common causes of trucking accidents
include:
- Lack
of training
- Overloaded
trucks
- Oversized
trucks
- Brake
failure/defect
- Poor
driving conditions
- Driver
inexperience
- Fatigue
- Speeding
- Running
off the road
- Failure
to yield the right of way
- Aggressive
driving behavior
- Driving
under the influence of drugs and/or alcohol
- Dangerous
or reckless driving
- Mechanical
failure
9.
Who can sue in a personal injury case involving a
truck accident injury?
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, besides the person suing, is at
fault for the accident. This includes adults and
children (who can sue through guardians or parents);
and even truck drivers if another person or entity
was at fault for the accident.
10.
What damages can be recovered in a personal injury
claim involving a tractor-trailer truck?
Each state has a different law regarding personal
injury damages. A seriously injured plaintiff may be
entitled to recover:
- all
of his or her past and future medical expenses;
- past
and future loss of income/earning capacity;
- past
and future pain, suffering and emotional
distress; and/or
- punitive
damages
If a
person dies in a truck accident, the survivors may
recover monetary damages for their economic losses
and emotional distress damages for loss of society,
love and comfort.
11.
What are the "hours of service" rules?
Under federal "hours of service"
regulations, which took effect January 2004,
interstate commercial drivers are not allowed to
drive more than 11 consecutive hours or drive after
14 hours on duty until they have had a 10-hour
break. In addition, according to federal
regulations, commercial truck drivers cannot drive
after accruing 60 work hours during a 7-day period
or 70 work hours during an 8-day period.
12.
Do I need an attorney to litigate my truck accident
case?
Unless you have a minor injury, which is rare in
truck accident cases, you should retain
an attorney at Gary C. Johnson, P.S.C. An
experienced truck accident attorney can secure vital
evidence before it is destroyed, and can establish
liability against any potential defendants to help
maximize your damage recovery.
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