Truck Accident FAQs
What are some of the most common tractor
trailer accidents?
Is there a difference between a tractor trailer
accident and a car accident?
Are there additional laws that apply to truckers
to keep the roads safer?
Are there any federal regulations governing truck
drivers?
How do I recover compensation for damages in a
tractor trailer case?
How soon do I need to bring a case in a tractor
trailer collision?
Who will pay my medical bills in a tractor
trailer accident?
What are the common causes of truck accidents?
Who can sue in a personal injury case involving a
truck accident injury?
What damages can be recovered in a personal
injury claim involving a tractor-trailer truck?
What are the “hours of service” rules?
Do I need an attorney to litigate my truck
accident case?
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
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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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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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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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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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How soon do I need to bring a case in a
tractor trailer collision?
Contact an attorney at Oshman
& Mirisola, LLP 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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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 in 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
Oshman & Mirisola, LLP today to discuss your situation and
injuries.
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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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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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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.
Please see our page on Wrongful Death for more information.
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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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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 Oshman & Mirisola, LLP. 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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For more information, please see our Truck
Accident page.
Contact us online through our FREE
truck accident evaluation form if you have any questions
about your claim.
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