Truck Wrecks:FAQS
What are some of the dangers associated with large trucks driving on
our highways and roads?
What are some of the causes of truck wrecks on our highways and roads?
What conduct is prohibited for truck drivers?
What should I do if I am involved in an accident with a truck or tractor
trailer?
Is the investigation of the truck accident important?
What if I was partially at fault for a wreck with a large truck?
What issues will I face in making a claim for my injuries sustained
in a trucking accident?
Who can be sued in an accident involving commercial trucks?
An
insurance company is offering me a nice settlement. Should I take it?
If was hit by a commercial truck is the employer also responsible?
If I was injured in a truck or tractor trailer collision do I need to
hire a lawyer or can I handle the claim myself?
What kind of a lawyer should I hire?
What are some of the dangers associated with large trucks driving on our highways and roads?
There are several dangers that are unique to trucks and tractor trailers because of their size and weight. They include:
- Tractor trailers and other large trucks need a greater stopping distance than cars, motorcycles or smaller trucks. Without enough stopping distance between a vehicle and a large truck, the vehicle may be rear-ended.
- Large trucks have significant blind spots that are located around the front, back, and sides of the truck. When an automobile is in the blind spot, the truck driver is usually unable to see it. A large truck could turn into a passing car and a serious accident could result.
- Eighteen wheel trucks need to swing wide to the left in order to negotiate a right turn. When semi-truck drivers make wide right turns, they are often unable to see smaller vehicles directly behind or beside them. When a car cuts between the truck and a curb, the automobile can be caught in a squeeze, and a serious accident can occur.
- A tractor trailer can turn at high rate of speed and swing into an adjacent lane unexpectedly. Unlike passenger vehicles, transport trucks require up to 40 percent more space to stop. Following too closely results in inadequate stopping distance between large trucks which then rear-end vehicles in front.
What are some of the causes of truck wrecks on our highways and roads?
There are many different reasons for accidents involving large trucks, tractor
trailers, semi-trucks and 18 wheel trucks, including:
- Negligence
- Speeding and ignoring reduced truck speed limit
- Tailgating
- Aggressive driving
- Jackknifing
- Failure to inspect a truck-s tires, brakes and lights
- Unrealistic driving schedules / Long work-shifts
- Driver fatigue
- Cell phone use
- Failure to install blind spot mirrors
A semi-truck traveling at 70 miles per hour has twice as much energy as one traveling at 50 mph. In addition, automobiles are designed under Federal Motor Vehicle Safety Standards to encounter like size vehicles, not large trucks. Additional issues include the absence of rear and side bumpers and high front bumpers on tractor trailers that punch into automobile passenger compartments. Together these factors account for the high percentage of serious injuries and deaths when an automobile is involved in a collision with a larger truck or tractor trailer.
What conduct is prohibited for truck drivers?
A driver will not be allowed to operate a commercial motor vehicle if he/she
engages in prohibited conduct. Prohibited conduct includes:
- Reporting for duty with a blood alcohol concentration of 0.02 or greater.
- Possessing alcohol unless it is part of a shipment, including medications like cough syrup or cold medicine that contains alcohol.
- Consuming alcohol while performing safety-sensitive functions.
- Consuming alcohol within 8 hours preceding an accident.
- Reporting for duty while using any drug that affects the driver's ability to safely operate a motor vehicle.
- Refusing to submit to any DOT mandated alcohol or drug test.
What should I do if I am involved in an accident with a truck or tractor
trailer?
If you have been involved in an accident with a large truck, semi-truck, tractor
trailer or eighteen wheel truck, you should:
- Stop. If you get in a crash, you must stop. If you leave, you will be committing a crime knows as a "hit and run".
- Call for help. If someone is injured, call 911. If not, your first call should be to the police. The police will advise as to whether the crashed vehicles should be moved out of traffic, and will take statements from the drivers and passengers involved.
- Call your insurer. As soon as you are able, call and file a truck wreck report. You should also notify the other driver's insurer of the accident.
- Don't sign anything. If an insurance adjuster shows up at the scene, do not give any statements and do not sign anything.
- Gather information. Get the names, addresses and phone numbers of everyone at the scene, especially witnesses.
- Go see your doctor. You may have injuries of which you're unaware. If you are examined by a doctor, make sure you are specific in explaining how the truck accident happened and any and all injuries and problems you sustained as a result.
- Call a truck wreck attorney. If you've been injured, you may want a truck wreck lawyer to make sure you receive a fair settlement from the insurance company.
Is the investigation of the truck accident important?
Yes, it is critical. A thorough investigation must be performed to establish the
fault of another. An investigation will include the examination of the scene and
vehicles involved, and obtaining of statements from witnesses. Be sure that you
do not move your vehicle after the accident. It will be a major part of the
investigation.
What if I was partially at fault for a wreck with a large
truck?
A person can still sue, even if partially at fault, in an accident involving a
large truck, semi-truck, tractor trailer or 18 wheel truck, as long as they can
prove that the truck driver contributed to the collision. However, your recovery
may be reduced if you are partially at fault.
What issues will I face in making a claim for my injuries
sustained in a trucking accident?
The three categories of issues that typically arise in a tort claim after a
vehicular accident are:
- Liability - who is at fault and to what degree.
- Damages - injuries or losses that were caused by the truck accident.
- Insurance Coverage - what the insurance company will pay for after a truck crash.
- A claim for injuries usually is based upon carelessness or negligence. In worst case scenarios, it involves an intentional or reckless act.
Who can be sued in an accident involving commercial trucks?
The person and/or company responsible and at fault for causing the wreck can be
sued. This includes the truck driver and the trucking company, the owner of the
trailer (if a trailer was involved), the shipper, as well as any other driver,
person or entity who in anyway contributed to the collision, such as the
manufacturer of one of the vehicles involved in the accident, the manufacturer
of a tire that contributed to the accident, or the owner of any public or
private property whose negligence contributed to the truck wreck.
An insurance company is offering me a nice settlement. Should I take it?
You should not take any settlements offered by an insurance company without
first speaking with an experienced truck wreck lawyer.
The other driver's employer or insurance company will typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the accident takes place. Insurance companies will often discourage you from obtaining a truck wreck attorney so they can pay less to resolve your claim.
You should never take an insurance check or sign anything without first consulting a truck accident lawyer. You can jeopardize potential compensation and waive important rights that help to protect your interests.
If was hit by a commercial truck is the employer also responsible?
It is possible that the employer may be responsible. The employer may be held
liable for the negligent behavior of their employee under the doctrine of
vicarious liability. Vicarious liability is when the
company is responsible for negligent acts committed during the course and scope
of normal activities in service to the company.
In the course of accident litigation, one party may not have enough insurance or resources to compensate the victim for all injuries or damage sustained. An experienced truck wreck attorney can help to identify all potential sources of compensation to help ensure that their client's needs are cared for.
If I was injured in a truck or tractor trailer collision do I need to hire a lawyer or can I handle the claim myself?
The law does not restrict you from handling your own claims. However, you should keep in mind that the insurance companies and the insurance companies' attorneys are trained professionals. It is their job to resolve their potential "liability" by paying as little as possible to you. Insurance companies are just that - companies. They, like most businesses, are in this business to make a profit for their owners and shareholders.
In the case of an accident with a commercial truck or tractor trailer, the major trucking companies will immediately have lawyers working for them. Photographs and statements will be taken as soon after the accident as possible. You need an experienced truck accident attorney on your side to protect your interests and to gather the important pieces of evidence helpful to you. Otherwise, this evidence can be lost, misplaced or be purposely destroyed if it is not collected on your behalf immediately.
What kind of a lawyer should I hire?
You should choose a law firm that has handled many trucking injury cases. These
cases require an attorney who is very familiar with the Federal Motor Carrier Safety
Administration Rules and
Regulations as well as fleet maintenance
procedures.
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AccidentHeadlines
Injury accident under investigation - Sat, 04 Sep 2010 The North Platte Telegraph A one-vehicle accident that resulted in three people being treated at Great Plains Regional Medical Center is under investigation, according to Lincoln County Chief Deputy Sheriff Dean Sparks.
Injury accident near Fairview - Sat, 04 Sep 2010 Two people were injured Thursday evening in a motor vehicle accident north of Fairview.