TRUCK ACCIDENTS INFORMATION CENTER 
 
 

Overview

A fully loaded 18-wheel commercial truck weighs over 80,000 pounds.  The average automobile weighs about 3,000 pounds.  An accident between these two vehicles will result in a very serious injury, with death most likely.  Commercial trucks consist of 18-wheelers, tractor-trailers, semi trucks and large freight trucks – they are all much larger than a regular automobile. 

It is important for an investigation to begin immediately to determine the cause of the accident.  The investigators will collect the maintenance records on the truck to make sure all parts were operating properly.  The investigators will check prior violations, and the speeds of each vehicle and where the vehicles hit each other.  The trunk has a black box, which records data before, during and after the crash.  If there are any witnesses, those names are listed.   

An experienced attorney will find an expert familiar with trucking regulations and matters.  He or she can determine the cause of the accident and if any faulty equipment is involved.  A truck consists of many parts.  If one part is not operating properly, the result can be catastrophic.  Those liable for damages include the manufacturer and mechanic. 

Most operators of 18-wheelers are safe drivers and know the hazards of the road.  The number 1 reason for a truck accident is driver fatigue.  These drivers are on the road a long time and do not get sufficient rest.  Other reasons include failure to follow safety guidelines, failure to load the cargo correctly, and using alcohol or drugs while on the road.  Some drivers are just not properly trained to drive such a huge truck; they cannot learn on the job. 

Federal Trucking Regulations

Truck drivers must abide my Federal and State regulations.  The Federal Motor Carrier Safety Regulations govern all vehicles involved in interstate traffic.  The following are provisions that are common in truck accident lawsuits: 

Controlled Substances, Alcohol Use/Testing (49 C.F.R. § 382)

This provision applies to all drivers of commercial vehicles in the United States regarding the use of alcohol or drugs while driving.  Drivers with a commercial driver’s license must be tested if their vehicle weighs more than 26,000 pounds, carries more than 16 passengers, or carries hazardous materials. 

Commercial Driver’s License Standards/Requirements/Penalties (49 C.F.R. § 383)

Drivers who driver a vehicle that weighs more than 26,000 are required to have a commercial driver’s license; this provisions is for preventing truck accidents.  The drivers must know the procedures that ensure safe operation of the vehicles.  They must be aware of the negative effects of driving while fatigued, under the influence of alcohol or drugs, and poor vision.  Improper use of the truck’s horns, mirrors, lights and emergency equipment are not allowed.

 

Qualification of Drivers (49 C.F.R. § 391)

A driver of a tractor-trailer or commercial vehicle weighing more than 10,000 pounds and transports 16 passengers or hazardous materials, must comply with specific regulations.  The driver must be at least 21 years old, speak English, and have a valid CDL.   He has to be physically able to driver the truck.  He has not committed a felony, has not left the scene of an accident and has never refused to take an alcohol test. 

Driving Commercial Vehicles (49 C.F.R. § 392)

All personnel associated with the trucking company must comply with Federal regulations regarding commercial vehicle in interstate travel.  Drivers are required to obey all traffic laws, load their cargo in a safe manner, perform inspections on their vehicle and drive safely when the weather is hazardous.  They must be able to stop safely before reaching railroad tracks.  They are forbidden to drive while fatigued or sick and cannot use illegal drugs at any time. 

Parts and Accessories (49 C.F.R. § 393)

The truck must comply with all safety requirements in order to be driven.  All equipment must be in operating condition.  This includes brakes, tires, lights, doors, hood, and steering wheel systems. 

Hours of Service (49 C.F.R. § 395)

A driver is forbidden to drive more than 10 hours after being off duty for 8 hours.  A driver is not allowed to drive for any length of time after working for 60 hours in any 7 consecutive days.  There are separate regulations regarding driving in hazardous weather conditions.  The time that the driver is working is known as on-duty time.  This includes loading and unloading cargo, driving time, repairing the vehicle, etc. 

Inspection, Repair, Maintenance (49 C.F.R. § 396)

This applies to drivers that carry more than 15 people, vehicles that weigh more than 10,000 pounds and carry hazardous materials.  It also applies to all personnel directly involved with the inspection and maintenance of the vehicles.  The truck company is responsible for all parts to be in proper working condition and to have the records to prove that.  Drivers are required to inspect their trucks at the beginning of each day and report any problems. 

Hazardous Materials (49 C.F.R. § 397)

This provision applies to drivers and other personnel involved in transporting hazardous materials.  The driver is forbidden to leave the vehicle unattended and must park in specific areas.  Smoking is forbidden within 25 feet of the truck. 

If an accident happens….

If you were involved in a serious truck accident, call 911 immediately, especially if someone is injured.  Leaving the scene is a crime.  Wait for the police to arrive.  Once the police arrive, an experienced truck accident attorney would advise you not to say anything.  The attorney would suggest that you be polite to the police officer, answer his or her questions, be truthful, but do not add anything that has not been asked for.  In addition, do not apologize or admit it was your fault.  Never tell the other driver that your employer will take care of everything or that you did not see the vehicle approaching.  This can be taken as an admission of fault – something you do not want.

Once you leave the scene, see a doctor to determine if you have any injuries.  Some injuries do not show up immediately.  You must report the accident to your insurance company as soon as possible.  Check and see how much coverage you have.  Contact an experienced truck accident attorney to file a claim for damages. 

Steps leading to Lawsuit

To begin a lawsuit you must file a complaint and summons.  The complaint will state the reasons for the lawsuit.  The summons identifies the plaintiff and the court.  It gives the defendant about 20 days to respond to the complaint.  The defendant’s answer says that he or she admits to the action or contests it.  The defendant can include a counterclaim or a third-party claim if necessary.  The defendant also has the option of filing a motion to dismiss the case, giving a reason. If the defendant does not respond, the court may enter a default judgment against him or her. 

Civil Lawsuit

The most common cause of a truck accident is negligence.  The plaintiff must prove that the truck driver did not exercise reasonable care and he or she breached in that duty.  The breach was the cause of the injuries sustained.   

An experienced attorney will know whether to pursue a claim against the truck driver and other parties such as the Truck Company, safety director, a mechanic and vehicle inspector.  If the truck driver is driving for a specific company that company can be held liable for the driver’s wrongful acts.  This is known as a respondeat superior legal theory.  If the accident is caused because of a defective product, the manufacturer of the truck may be liable.  A third party that specializes in brokering transportation services (Logistics Company) is an independent contractor.  They are exempt from liability.  The Federal motor Carrier Safety Administration (Section 14704) limits the liability of a third party. 

Discovery

Both sides exchange information relative to the case.  This is known as discovery.  Types of discovery include written questions to be answered under oath, all necessary documents, requests for admissions of facts, and depositions.  Depositions are sworn statements taken in front of a court reporter.  At the end of this process, the parties will try to dispose of the case with a motion for summary judgment – facts that are not in dispute presented to the court. 

Resolution

The case can be resolved through alternate dispute resolution, which includes a negotiated settlement, a mediator’s services, or binding arbitration.  If an agreement cannot be reached, the case will go to trial.  Either side can ask for a jury.  The attorneys present their evidence and the judge and/or jury decides the unresolved issues.  Once the judge and/or jury reach a decision, the judge will enter a judgment for the party who wins.  An appeal can be made by either side. 

 

Your liability

If you were partly responsible for the accident, you may still get some compensation from other careless parties.  Compensation is determined by comparing your liability with the other person’s liability.  This is known as comparative negligence.  If you were more than 50% responsible, you will not be able to collect damages in most states. 

Conclusion

The process for litigation in a commercial truck accident can take anywhere from a few months to a few years.  The more issues that can be resolved before the trial, the faster the trial will go.  An experienced truck accident attorney will explain all the steps involved. 

Links to more information

The U. S. Department of Transportation is dedicated to reducing motor vehicle accidents involving commercial trucks.  For road safety tips, visit www.nozone.org or www.fmcsa.dot.gov 

For more safety information, visit the National Highway Transportation Safety Administration at www.nhtsa.dot.gov 

The Insurance Information Institute has information on vehicle safety and insurance.  Visit the website at www.iii.org

Other Motor Vehicles Articles

• Five Strategies for Fighting a Traffic Ticket
• Motor Vehicle Accidents
• Motorcycle Accidents