Truck accident claims are very complex and should be handled by an experienced truck accident attorney. It is not uncommon for a single truck accident to involve multiple victims and multiple defendants, but even the most simple truck accident involves state and/or federal trucking regulations which make for a much more complicated case than regular car accidents.
Trucking Law
The trucking industry is heavily regulated. State and federal trucking regulations are very extensive and specific, primarily in the interest of public safety. A big part of these regulations is the requirement to maintain extensive records documenting compliance, and which can also be evidence of infractions. Infractions can be the basis for responsibility in a truck accident claim.
Trucking regulations govern every conceivable aspect of the trucking industry including hiring practices, how the truck must be loaded, how much weight a truck can carry, the amount of time a truck driver can spend on the road each day and week, where certain types of trucks can travel and park, and much more.
Trucker’s log books and hiring and maintenance records kept by trucking companies are just two examples of records which can yield significant evidence in truck accidents, if your personal injury attorney knows how to interpret and explain what they truly reveal.
Responsible Parties
A single trucking accident can have multiple responsible parties including:
- Trucking company (carrier)
- Truck owner
- Truck driver
- Freight shipper
- Freight broker
- Third party logistics provider (3PL)
- Truck loader
- Truck, parts, or equipment manufacturer
- Truck, parts, or equipment seller
- Mechanic or repair company
- Government entity responsible for design, construction, or maintenance of roadway
- Weigh station
- Other driver
Types of Truck Accidents
The type of truck accident in which you were involved can have a large bearing on the laws involved and how you claim must be handled. Your truck accident may fall under one or more of the following:
- Underride
- Tanker truck
- Hazardous materials
- Jackknife
- Defective vehicle
- Rollover
- Multicar pileup
- Bridge/underpass
- Wide right-hand turn
Truck Accident Causes
Some truck accidents are very straightforward cases of truck driver negligence, but more often several underlying factors combine to in an accident. Those underlying factors ultimately point to the responsible parties. Common truck accident causes and contributing factors include:
- Inexperienced or undertrained truck driver
- Driver fatigue
- Unrealistic schedules
- Defective truck, parts, or equipment
- Inadequately maintained truck, parts, or equipment
- Intoxication
- Excessive speed
- Improperly loaded truck
- Inadequately secured load
- Overweight truck
- Failure to observe height limit
- Failure to observe weight limit
- Driver distraction
- Hazardous weather conditions
- Hazardous traffic conditions
- Negligence on the part of drivers of other passenger vehicles
- Defective roadways
- Lack of enforcement by weigh stations