Trucking Accidents

Sherrie Bennett Trucking accidents account for a disproportionate percentage of fatal vehicle accidents, due to the heavy weight and bulk of commercial semi trucks, tractor-trailers and 18- wheelers. According to the Federal Motor Carrier Safety Administration ("FMCSA"), 4,897 people died and 130,000 people were injured in crashes involving a large truck in 2002.

Causes

Common causes of trucking accidents include:

• Driver fatigue
• Jackknifing
• Rollovers
• Not being able to brake fast enough to avoid collision
• Fuel fires due to carrying batteries in a precarious position on the truck
• Truck driver inexperience or lack of proper training
• Overloaded or improperly loaded trucks

Federal and State Laws

Most of the federal regulations governing the trucking industry are found in Title 49 of the Code of Federal Regulations. One of the newer pieces of federal legislation, the Hours of Service Rules, are designed to make sure that truck drivers get enough rest and sleep while on trucking trips. Federal law also requires commercial truckers to record their driving information in structured driver's logs, which can document violations of sleep restrictions, negligent driving and potentially illegal intentional misconduct on the driver's part.

Federal regulations also require trucking companies to carry various levels of insurance, depending on what type of materials are hauled.

There are many state laws which can apply in trucking accident cases, such as state-specific laws regarding speed limits for commercial truckers and sleep requirements for drivers.

Proving Fault

Proving liability in a trucking accident is more complex than in a car crash, because the trucker, his company, the manufacturer of the truck and others may all carry responsibility for the accident.

An investigator will usually take a very close look at the truck driver's actions and responsibilities, collecting information on how the truck was maintained and loaded, and whether it was properly inspected and tested according to industry standards. An investigator will also look into the truck driver's credentials and training, and his or her physical and mental state (including whether there was alcohol or drugs involved).

The National Highway Transportation Safety Association ("NHTSA") reports that one of the leading causes of trucking accidents is truck driver fatigue. An investigator will carefully examine the driver's logs to determine if the trucker was following federal laws which limit the amount of time a truck driver can remain on the road before taking a rest break.

An attorney who specializes in bringing trucking accident cases will be looking at whether the trucking company can be held responsible for the actions of the truck driver, under what's called a "respondeat superior" theory of law. The trucking company, on the other hand, may try to prove that the accident happened while the driver was using the truck for personal reasons, or that the driver was really an independent contractor rather than an employee.

Evidence

Evidence of fault in a trucking case can include:

• Trucking logs
• Witness statements and observations
• Cell phone or other communication records of the driver and trucking company
• The truck driver's personnel file
• The trucking company's safety record
• The truck driver's safety record and driving record
• Documentation of the truck driver's training and qualifications

If it appears from evidence collected at the accident scene that equipment on the truck malfunctioned, an attorney may start trying to find evidence that there have been other accidents involving failure of the same or similar equipment. An injured victim may then have a product liability claim against the manufacturer of the equipment or a negligence claim against the trucking company for not discovering the malfunction before it caused injury.

Experts

There are many types of experts hired to help reconstruct an accident scene and establish liability. Experts typically on the scene in trucking accident cases include:

• General accident reconstructionists
• Computer graphics technicians
• Forensics specialist
• Metallurgists
• Specialists in trucking safety

Trucking companies have investigators who immediately start collecting evidence after an accident, while victims and their families are still grieving or injured. Trucking company investigators will be looking carefully for any evidence that the passenger car driver contributed to the accident by:

• Passing unsafely
• Crossing center lines into oncoming traffic
• Drinking or using drugs
• Not obeying traffic laws by following too closely or running a light
• Speeding
• Driving in what is called a "no-zone", blind spots located around the front, back and sides of the truck where the truck driver can't see vehicles
• Cutting between a truck and a curb, resulting in a car getting stuck in a "squeeze play" when a truck is swinging wide to negotiate a turn

If you are the victim of a trucking accident, it's important not to give the trucking company investigators any statements or sign medical or other releases. It's important to talk to an attorney who specializes in trucking accident cases as soon as possible, so the evidence can be preserved and your rights can be protected.

Damages

As a victim of a trucking accident, you may be able to collect money for the following types of loss:

• Economic damages, which could include medical care and rehab, nursing home care, loss of earnings and loss of earning capacity
• Noneconomic damages, such as for your pain and suffering, disfigurement and loss of enjoyment of life
• "Loss of consortium" (intimate relations) on behalf of your spouse
• Punitive damages, if the trucking company acted in bad faith
• Double or triple damages if the driver acted under specific circumstances, such as drunk driving

It's most important to find a personal injury lawyer who specializes in trucking accident cases as soon as possible after the accident, so that the evidence can be properly preserved and you can get the compensation you need and deserve.

Sherrie Bennett is a divorce lawyer in Seattle, Washington. Her firm's Web site, www.goldbergjones-wa.com, includes other information about divorce in Washington.

Related Resources:

Federal Motor Carrier Safety Administration
Code of Federal Regulations
National Highway Transportation Safety Association

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