| Trucking / Tractor Trailer
Accidents
1. What are some of the most
common tractor trailer accidents?
2. Is there a difference between a
tractor trailer accident and a car accident?
3. Are there additional laws that
apply to truckers to keep the roads safer?
4. Are there any federal regulations
governing truck drivers?
5. How do I recover compensation for
damages in a tractor trailer case?
6. How soon do I need to bring a case
in a tractor trailer collision?
7. Who will pay my medical bills in a
tractor trailer accident?
8. What are the common causes of
truck accidents?
9. Who can sue in a personal injury
case involving a truck accident injury?
10. What damages can be recovered in
a personal injury claim involving a
tractor-trailer truck?
11. What are the "hours of
service" rules?
12. Do I need an attorney to
litigate my truck accident case?
1. What are some of the most common tractor
trailer accidents?
The most common types of tractor trailer accidents
are:
- Head on collisions
- Rear end collisions
- Broadside collisions
- Center lane crossover
- Lane change collisions
- Jack-knifed trucks
- Loss of control of vehicle
- Hit and Run
2. Is there a difference between a tractor
trailer accident and a car accident?
Trucking accidents are different from auto
accidents in many ways, one of the most serious
being the extent of damages and injuries when a
truck and an automobile collide. Because big rigs,
18 wheelers and tractor-trailers can weigh in
excess of 80,000 pounds, a trucking collision can
have deadly consequences.
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3. Are there additional laws that apply to
truckers to keep the roads safer?
There are unique laws and regulations that are
designed specifically to protect motorists from
the negligent actions of truck drivers and
trucking companies. Federal and state regulations
require truckers to have adequate rest to prevent
driver fatigue on the highway. There are also
other specific rules for trucks including proper
loading of the materials the truck is carrying and
safety rules on traveling speeds and when passing
other vehicles.
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4. Are there any federal regulations
governing truck drivers?
Trucking companies are required to follow the
Federal Motor Carrier Safety Administration's
regulations concerning equipment and hours of
service. Truck drivers are also required to
maintain a driver's log; however the timeframe is
limited. Federal regulations require commercial
trucks to carry certain levels of insurance
coverage, depending on the nature of materials
hauled. These regulations protect victims of large
truck crashes from truck owners who may not have
the financial resources to pay damages
out-of-pocket.
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5. How do I recover compensation for damages
in a tractor trailer case?
In order to get compensation, an attorney will
need to show the truck driver failed to use due
care in the operation of the truck. Typically, in
cases where serious injury has resulted, a
plaintiff will have claims for pain and suffering,
negligent and/or intentional infliction of
emotional distress, and loss of consortium.
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6. How soon do I need to bring a case in a
tractor trailer collision?
You need to contact
an attorney at The Law Office of Paul Hogan, LLC
as soon as possible. In truck collisions, federal
regulations require that certain essential
evidence only be maintained for a limited amount
of time. For instance, the truck driver's log may
be destroyed after six months if an attorney does
not obtain a court order or take other immediate
action.
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7. Who will pay my medical bills in a
tractor trailer accident?
The truck company may not pay your medical bills
immediately. However, your own insurance will
often contain medical payment provisions to pay
for bills ranging from funeral costs to x-rays. It
is usually not your best interest to sign a
medical release/authorization or to give a
statement to the trucking company or any insurance
company before contacting an attorney. Contact
an attorney at The Law Office of Paul Hogan, LLC
today to discuss your situation and injuries.
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8. What are the common causes of truck
accidents?
Some of the most common causes of trucking
accidents include:
-
Lack of training
-
Overloaded trucks
-
Oversized trucks
-
Brake failure/defect
-
Poor driving conditions
-
Driver inexperience
-
Fatigue
-
Speeding
-
Running off the road
-
Failure to yield the right of way
-
Aggressive driving behavior
-
Driving under the influence of drugs and/or
alcohol
-
Dangerous or reckless driving
-
Mechanical failure
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9. Who can sue in a personal injury case
involving a truck accident injury?
Anyone who is injured or has had a loved one
killed in a truck accident can sue as long as some
other person or entity, besides the person suing,
is at fault for the accident. This includes adults
and children (who can sue through guardians or
parents); and even truck drivers if another person
or entity was at fault for the accident.
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10. What damages can be recovered in a
personal injury claim involving a tractor-trailer
truck?
Each state has a different law regarding personal
injury damages. A seriously injured plaintiff may
be entitled to recover:
-
all of his or her past and future medical
expenses;
-
past and future loss of income/earning
capacity;
-
past and future pain, suffering and
emotional distress; and/or
-
punitive damages
If a person dies in a truck accident, the
survivors may recover monetary damages for their
economic losses and emotional distress damages for
loss of society, love and comfort.
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11. What are the "hours of
service" rules?
Under federal "hours of service"
regulations, which took effect January 2004,
interstate commercial drivers are not allowed to
drive more than 11 consecutive hours or drive
after 14 hours on duty until they have had a
10-hour break. In addition, according to federal
regulations, commercial truck drivers cannot drive
after accruing 60 work hours during a 7-day period
or 70 work hours during an 8-day period.
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12. Do I need an attorney to litigate my
truck accident case?
Unless you have a minor injury, which is rare in
truck accident cases, you should retain
an attorney at The Law Office of Paul Hogan,
LLC. An experienced truck accident attorney can
secure vital evidence before it is destroyed, and
can establish liability against any potential
defendants to help maximize your damage recovery.
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