Truck Accident FAQs

The attorneys at Slakter Law Firm answer some of the most frequently asked questions about large truck accidents.

How common are large truck accidents?
Each year, over 5,000 people die as a result of a collision with a large truck. An estimated 130,000 victims sustain injuries.

Are trucking companies regulated by the Federal Government?
Trucking company action is highly regulated by the FMCSA, or Federal Motor Carrier Safety Administration. Visit www.fcmsa.dot.gov for more information of federal regulations.

Are trucking companies required to carry insurance?
Yes. Federal law mandates that trucking companies maintain a specified level of insurance coverage to protect victims of collision. Insurance coverage is based on the size and weight of the truck, the nature of the hauling, the distance traveled and the content of materials being carried.

How do truck accidents differ from automobile accidents?
A loaded commercial truck can weigh upwards of 80,000 lbs., whereas an average passenger vehicle only weighs about 3,000 lbs. The sheer size and weight of an eighteen-wheeler mean the result almost always produces serious injuries or fatalities. Cars, small trucks and even SUVs are no match for these dangerous 80,000 lb trucks. And depending on the nature of hauled materials, hazardous or flammable cargo can significantly increase the danger. Federal and State regulations specify specific licensing, training and safety requirements for commercial truck drivers and trucking companies, so these cases can be a lot more complicated than automobile litigation.

Why is the trucking industry so heavily regulated?
Over the past 20 years, the amount of registered large trucks has increased by almost fifty percent, and the amount of miles traveled by large trucks has increased by almost one hundred percent. More trucks on the road mean more accident risks. Safety programs, performance reviews, stricter regulations, and constant monitoring are necessary to protect motorists from the dangers posed by the presence of large commercial motor vehicles. Click here For a list of Federal regulations

What are the common causes of truck accidents?
Most large truck accidents result from a failure to follow Federal and State regulations, failure to maintain equipment safety, failure to properly inspect the rig before travel, and driver lack of sleep or drug and alcohol use. Oversized trucks, overweight trucks, and unsafe equipment and reckless driving are a few examples of negligence contributing to accidents.

What caused the truck accident I was involved in?
There are many factors to consider when investigating a large truck crash. Speed, driver state-of-mind, safety and equipment maintenance and trucking company adherence to regulations are a few of the areas our attorneys will research. Your attorney may identify several defendants to be held financially responsible, including the trucking company, contractors, employers, and insurance companies. Most large trucks today employ GPS tracking technology, allowing investigators to pinpoint factors surrounding the accident, such as speed and location. Discovering the exact cause of the accident is a complicated and tedious process, so you need an attorney with experience in large truck accidents to handle your case.

Should I contact the trucking company or insurance on my own?
It is highly recommended that you seek experienced legal counsel and allow them to deal directly with the trucking and insurance company. The claims adjusters have already began forming an account of the accident and are prepared to defend their dollars. Anything you say to them may be used against you, so it is important to rely on an attorney to communicate.

Who can bring a case against a trucking company or truck driver?
If you are a victim of a large truck accident, or a loved one sustained injuries or fatality, and the accident was not yourfault, you are able to file a lawsuit.

How will an attorney prove the trucking company or driver was at fault?
First, the attorney must establish that the driver or company failed to follow applicable law or regulations or act as a reasonable person might, creating a volatile or unsafe situation as a result of negligence. Then, the attorney must show the negligence caused the accident, and consequently the injury or fatality. Finally, the attorney will demonstrate how this negligence caused physical, financial and emotional injury to the victim.

What damages am I entitled to?
Each accident case is unique, but once we pinpoint the cause of your accident, we’ll weigh the driver or trucking company negligence factors with the extent of your injuries and make sure your money damages reflect fairly on your injuries, vehicle damage, and pain and suffering. Other damages include paralysis, disfigurement, emotional distress, lost income and loss of earning capacity. To get an estimation of what your case might be worth, Click Here For a free case evaluation.

How can a lawyer hold the trucking company accountable?
With thorough investigation of the accident scene and factors surrounding the accident, an experienced truck accident attorney will document and prove that the accident could have been prevented. Most accidents involving large trucks result from negligence on the part of the driver or trucking company. With careful attention to the State and Federal trucking industry regulations, a skilled lawyer will show how and when violations occurred.

When should I call a truck accident attorney?
After an accident, you should contact an experienced truck accident attorney as soon as possible. Chances are, the trucking company will be conducting an investigation of its own, and you don’t want to risk losing valuable liability information or potential witnesses. Remember, don’t ever sign anything from the trucking company on your own.

What rights do I have as a large truck accident victim?
First of all, you have the right to hire an attorney to speak on your behalf and deal with the trucking company and insurance companies. Depending on what occurred during the accident, you may be entitled to several types of money damages including wrongful death, physical pain and suffering, mental anguish and physical impairment, past and future medical expenses, and past and future loss of earnings or earning capacity. Your attorney will help explain your rights and entitlements during your legal consultation.

Is there a Statute of Limitations on my large truck accident case?
Absolutely. In addition to a limited time you can file a lawsuit, the trucking company may be allowed to destroy crucial evidence after a certain amount of time. For example, the trucking company is only required to hold onto the truck driver’s log for six months following the accident. Consult an attorney immediately to discuss the time sensitivity of your case.

Contact an eighteen wheeler accident attorney

For more information on truck accident laws in your state, or to request a FREE truck accident case evaluation, email or call us at 866-960-5000. We are located in Texas, but co-counsel with truck accident attorneys throughout the US.