The way that damages and liability are assessed in truck accidents is different from those of regular auto accidents. To help safeguard victims, the trucking sector is subject to particular federal statutes, as an expert truck accident lawyer will explain.

Large trucks are governed by Federal Motor Carrier Safety Administration regulations, which apply to any vehicle having a gross vehicle weight rating exceeding 10,000 pounds. 

A truck accident lawsuit takes specific legal expertise and experience to prove liability and secure maximum compensation due to the intricate web of legislation, trucking company duties, and insurance requirements.

A truck accident attorney is qualified to look into your accident in great detail, identify all at-fault parties, and pursue compensation for your losses, including pain and suffering, lost wages, and injuries.

Our professionals at Injury Lawyers are fully equipped to assist. Therefore, get in touch with our staff right away if you need a knowledgeable truck accident lawyer to take on your case.

Give us a call at 773-694-4881 or send us an online message to arrange a free initial consultation to explore your case and the kinds of damages you might be eligible for. 

Collaborating with a Truck Accident Lawyer 

A personal injury lawyer with expertise in handling collisions involving large vehicles, such as commercial trucks, is known as a truck accident attorney. 

Truck accidents are subject to federal laws, which means that, unlike regular auto accidents, determining fault and pursuing maximum compensation requires the expertise of experienced attorneys. They might also involve more complicated claim forms, like collisions involving many vehicles, in addition to serious injuries that require more damages for medical costs.

It is crucial to hire legal counsel due to the following reasons: 

Federal Laws Regulate Automobile Accidents

Federal Motor Carrier Safety Regulations (FMCSR), which control topics like driver credentials, equipment standards, and hours Regulations for Federal Motor Carrier Safety (FMCSR) event of a truck accident, breaking these rules may contribute to determining who is at fault. Attorneys for truck accidents are knowledgeable about these regulations and have the skills to look into possible violations by drivers or trucking companies.

Greater Damages and Complicated Matters

Due to their size and weight, heavy vehicles are frequently involved in incidents that cause catastrophic injuries and property damage. Truck accident cases are therefore frequently more complicated, involving numerous parties and insurance coverage. 

The lawyers that take on these claims are skilled at locating all relevant parties, accurately estimating the worth of non-economic losses like pain and suffering as well as economic damages like lost wages and medical expenses.

Together with medical experts, accident reconstruction specialists, and other experts, they will collaborate to create the best possible case. Additionally, they are able to take on insurance companies and their legal representatives in order to fight for the highest possible settlement for your losses, damages, and injuries.

A truck accident attorney may even file a lawsuit to recover damages and take your case to court if a settlement cannot be reached.

What Makes an Enormous Commercial Truck?

It’s crucial to define a “large commercial truck” in order to assess culpability and damages in a truck accident lawsuit. Federal law states that this comprises:

• cars weighing more than 10,000 pounds gross vehicle weight rating (GVWR). The maximum load weight a vehicle can have, including passengers and luggage, is known as the GVWR.
• vehicles that are used for business, such as moving people or property. This covers passenger buses, flatbeds, tanker trucks, and semi-trucks.
• vehicles used for interstate commerce or crossing state borders. If a vehicle is a part of a bigger economic organization, federal restrictions may apply even to trucks that are solely used inside a single state.

Federal Regulations That Apply to Commercial Trucks

A truck accident attorney will take into account several federal standards that are relevant to commercial trucks and trucking businesses when they look into your case. As an illustration: 

Federal Motor Carrier Safety Regulations (FMCSR)

For commercial motor carriers like trucking businesses and its drivers, the FMCSRs set standards. In a truck accident case, breaking these rules—such as not doing routine maintenance on vehicles or pressuring drivers to work longer hours than required—can be used as evidence of carelessness.

Regulations Regarding Hours of Service 

The amount of time a truck driver may spend operating their vehicle is restricted by the Hours of Service rules. Overdoing it can cause driver tiredness, which impedes the driver’s skills and judgment.

Greed may be demonstrated by breaking these guidelines.

Requirements for a Commercial Driver’s License

In order to legally operate their vehicles, truck drivers are required to obtain a Commercial Driver’s License (CDL). Vision, kTired Driversdriving abilities requirements must be met by CDL holders. It is possible that the driver shouldn’t have been driving the truck if they didn’t have a valid CDL or the appropriate endorsements for the kind of vehicle.

Inspection and Maintenance of Vehicles

Regular safety inspections of trucks and trailers are mandated by federal law. Unsafe equipment, such as malfunctioning tires, brakes, or lights, can cause accidents.

Records of the vehicle’s maintenance and inspections may show whether there were any flaws that would have contributed to or caused the collision.

Weight and Size Restrictions for Vehicles 

There are weight and dimension restrictions that trucks must follow, including height, breadth, and length. When a vehicle exceeds these limits—for example, by overloading a truck or failing to properly secure an enormous load—it becomes more difficult to steer and stop, which raises the possibility of an accident.

Truck crashes are frequently caused by violations of size and weight restrictions, which is also a significant signal of responsibility.

Rules for Cargo Securement

For the purpose of preventing moving, falling, or spilling into highways, cargo must be securely fastened. The handling, stability, and braking of the vehicle can all be impacted by unsecure cargo.

the attorney will look into whether any cargo was involved in the collision.

Extra Things to Think About

Corporate liability, firm safety ratings, and minimum requirements for commercial truck insurance are also factors in truck accident cases.

In order to identify all responsible and at-fault parties who might be in charge of giving you just compensation for your losses and injuries, your attorney will carefully investigate the specifics of your accident in accordance with the applicable trucking laws and regulations.

Frequent Reasons for Truck Accidents

5,788 persons lost their lives in traffic incidents involving heavy trucks in 2021 alone. This figure represented a 17 percent rise from 4,945 fatalities in 2020 over the previous year.

More than seventy-one percent of the people who died in 2021 were passengers in other cars. 

Hundreds of individuals nationwide are hurt in collisions involving big trucks each year. Although terrible, these mishaps occur far too frequently and are frequently brought on by one of the following reasons: 

Driver Fatigue 

Long hours behind the wheel are common for truck drivers, and driver fatigue can affect reaction times, situational awareness, and decision-making. Truck drivers’ hours of service are governed by federal standards in an effort to minimize fatigued driving, yet infractions of these regulations still frequently result in collisions.

In order to ascertain whether the driver was abiding by the law, a truck accident lawyer will collect the driver’s logs.

Driving While Distracted

Like all drivers, truckers are susceptible to distractions from their phones, GPS systems, eating or drinking while operating a vehicle, and other activities that divert their focus from the road. However, any loss of control or slow reaction time is particularly dangerous due to the massive size and weight of heavy vehicles.

Equipment Breakdown

Because commercial vehicles have so many intricate mechanical systems, accidents can occur when vital parts like the tires, brakes, or steering system malfunction. Truck accident attorneys will examine the involved vehicle with experts to find any worn-out or badly maintained components that might have contributed to or caused the crash.

Incorrect Loading

The cargo and weight distribution of a truck can have a big effect on how stable and maneuverable it is. Crash hazards increase when a truck is overloaded over its rated capacity or when the load is not adequately secured and balanced.

Lawyers will ask the trucking company for paperwork to find out if all safety requirements were followed when loading the vehicle.

Traffic Infractions

As with drivers of any kind of vehicle, truck drivers are required to abide by all traffic rules and signs. Any vehicle sharing the road is put in danger by infractions including speeding, irresponsible driving, running red signals, and abrupt lane changes.

To determine whether any illegal driving behavior was engaged in the incident, attorneys will obtain information from police reports, witnesses, and data recorders.

Truck Accident Liability 

An attorney will have to take into account individuals other than the truck driver who can also be liable when assessing culpability in a truck collision. Because trucks are subject to strict state and federal regulations, truck accident claims can be complicated.

Trucking businesses and its drivers are subject to federal laws. The FMCSR establishes guidelines for safe operation, driver qualifications, maintenance, inspections, and hours of service.

Infractions of these rules may be signs of carelessness. Your lawyers could look into the safety logs and documents kept by the trucking business to see if the right protocols were followed.

Liability for any losses may also extend to the trucking firm that owns the vehicle and hires the driver. It is the duty of trucking businesses to employ competent drivers, provide them with the necessary training, and guarantee that their vehicles are maintained.

They may be held partially responsible for any mishaps that occur from their failure to satisfy these obligations.

A third party, such the business that loaded the vehicle or provided a faulty part, may occasionally be at fault. Other passenger cars might have been involved as well, either by causing the accident’s initial circumstances or by sharing culpability.

To determine who could be held accountable for your accident, your attorneys will carefully go over all the details. If needed, they can then seek payment from several sources.

Available Damages in Cases of Truck Accidents

In addition, truck accident damages are typically greater than those of regular auto accidents. Because of their enormous size and weight, huge commercial trucks are frequently involved in truck crashes that cause serious, permanent injuries.

Truck accident injuries sometimes necessitate protracted medical care and rehabilitation, which can run into the millions of dollars over the course of a lifetime. You can be eligible for reimbursement as a client for lost income, medical expenses, pain and suffering, and other damages.

Medical experts’ life care plans might be used by truck accident attorneys to calculate the proper long-term care costs. Additionally, if a client has a crippling injury that prevents them from working, they can collaborate with economists to determine the overall lost earning capacity.

Furthermore, federal law does not impose any restrictions on punitive damages for truck accidents, unlike state laws that do so for typical auto accident cases. 

Punitive damages are intended to penalize defendants for their careless actions and discourage future occurrences of the same behavior. Only a jury verdict has the authority to provide them.

When a trucking company’s conduct demonstrate a reckless disregard for public safety and the case goes to trial, truck accident attorneys may seek punitive damages.

Particular Difficulties in Truck Accident Cases

Litigation involving truck accidents poses special difficulties that skilled attorneys must handle. There are important distinctions that you should be aware of as a client.

First, because of the intricate machinery and sophisticated systems that are frequently located inside the truck cab, truck accidents frequently include a significant amount of evidence. In order to establish culpability, your attorney will need to compile evidence, such as driver logs and the truck’s “black box” data, which will demonstrate negligence.

Second, insurance policies for trucking companies are often complicated and have large coverage limits. To seek just compensation, your attorney must identify all parties who might be held accountable as well as any relevant laws.

This can apply to the owner of the truck, the owner of the trailer, the trucking business, and any insurance companies.

Third, if a truck is traveling interstate, an accident may occur across several jurisdictions. Based on the location of the company and the accident, your attorney must decide which state’s laws apply and where to bring a case.

Federal laws can also be pertinent.

Lastly, numerous named at-fault parties are frequently found in truck accident cases, necessitating smart litigation against each one. Your attorney must demonstrate how each defendant’s carelessness resulted in your losses.

Inadequate hiring or training practices, dangerous gear, long driving hours, and poor car upkeep are a few examples of this.

Engage With A Skilled Truck Accident Attorney Firm

In summary, you shouldn’t handle a significant truck accident claim by yourself. The often disastrous physical and psychological effects that ensue are far worse than the instances’ intricacy.

Avoid facing them by yourself. 

Instead, get in contact with our group of knowledgeable truck accident lawyers right now. We at Injury Lawyers will do all within our power to ensure a simple and painless procedure for you, and we have the experience you’ll need to handle your case.