Are semi tractor-trailer accidents viewed differently
than other auto accidents?
Absolutely. Semi-trucks are required to carry greater
amounts of insurance coverage, i.e., commercial policies.
The drivers of these trucks must also meet higher
safety standards than other vehicle drivers. Trucks
travel in interstate commerce and therefore, are subject
to many federal regulations that do not apply to other
vehicles. Trucking companies also have responsibility
to perform background checks prior to hiring drivers
and must periodically evaluate existing employees.
Drivers are subject to limits on the number of hours
they can drive in a given day, and when drivers exceed
this limit they increase the probability of representing
a danger to other vehicles. Drivers are also subject
to testing for drugs and alcohol, both randomly and
in the event of an accident. Violations of the Federal
Motor Carrier Safety Regulation Act can provide the
basis for establishing liability on the part of the
trucking company and its driver. Top
What is a "commercial
truck"?
A commercial truck is a vehicle used in the course
of business and/or for the transport of commercial
goods. Examples of a commercial truck include eighteen-wheeler
tractor trailers, tanker trucks, delivery vehicles,
and other large freight trucks. Top
Who can sue in a truck accident injury or
death case?
The injured victim, and in certain instances their
spouse. In a wrongful death action the trustee for
the family on behalf of all family members can bring
a claim or suit against the truck driver and trucking
company. Top
Why
is a traffic accident involving a commercial truck
more likely to cause injury than one involving passenger
cars?
A typical fully-loaded large commercial truck can
weigh 80,000 pounds or more, while an average passenger
automobile weighs approximately 3,000 pounds. Due
to this size disparity, and the basic laws of physics,
any collision between a commercial truck and another
vehicle is likely to result in serious, even fatal
injuries. Top
Who can be sued in a truck accident case?
There are many possible defendants in a trucking accident.
For instance, the driver; owner of the tractor; owner
of the trailer; the company identified on the trailer,
even if other than the owner; and driver may all have
some liability in your accident. In certain instances,
the point of location where the contents were placed
in the trailer and possibly the owner of the contents
of the trailer may also be held liable. Top
What
are the most common factors in collisions between
commercial trucks and automobiles?
In general, semi-truck accidents are caused by a combination
of a truck's characteristics, performance capabilities(including
limits associated with acceleration, braking, and
visibility), and the victim's limited understanding
of those characteristics. Top
Is investigation important
in a truck accident case?
A thorough investigation by an experienced law firm
is extremely important in all cases, but even more
so in truck cases. Drivers must keep a log and by
law may only drive a certain number of hours per day.
Therefore, it is important to establish whether the
log was properly kept and whether the driver was within
the allotted hours of driving time when an accident
occurred. Violation of these standards may impose
additional liability on the truck. Seeking immediate
counsel with the law firm of Keller and Keller will
help to ensure that evidence such as this does not
disappear. Top
If
a semi-truck is carrying a hazardous liquid, and the
victim of the accident is now suffering from respitory
problems, can the driver as well as the shipper of
the chemicals be held liable?
In certain instances, the shipper of such hazardous
materials can be held legally responsible if injuries
resulted from the type of cargo on the truck. This
is especially true if the shipper failed to advise
the driver or the trucking company of the hazardous
nature of material contained in the freight. Top
Why
are expert witnesses important to prove fault in a
truck accident case?
Every trucking case should have experts to assist
an investigation and to analyze the information for
potential testimony on liability. It is also important
to employ experts in order to establish that safety
inspections and driving logs were properly kept. The
law offices of Keller and Keller will work closely
with the proper resources to ensure that your accident
is investigated fully and in a thorough manner. Top
What damages
can I recover, or the survivors of a loved one recover,
in a truck accident injury or death case?
In the instance that there is a death associated with
this accident, the family would be entitled to damages
by way of their loss of care, comfort, guidance, and
support provided to the family members by the deceased.
In addition, they would be allowed to recover any
medical bills and any documented loss wages.
If your truck accident claim only involves personal
injury, the injured victim can recover for pain, disability,
emotional distress, loss of earnings, loss of earning
capacity, and any uncompensated medical bills.
The law offices of Keller and Keller will be able
to help determine the various forms of recovery that
you and your loved ones are rightfully entitled to.Top
Why should I hire
an attorney if I've been involved in an accident involving
a semi-truck?
Traditionally, semi-truck accidents have been deemed
the most complicated and aggressively defended cases
because of the parties involved, as well as the commercial
policy aspect related to these accidents. Most trucking
companies are highly skilled at truck accident investigation
and claims. Therefore, having knowledgeable and experienced
legal representation is extremely important to ensure
the proper parties are involved and sufficient negligence
is established. By retaining an attorney early in
your semi-truck accident case, you will increase the
ability to retain valuable evidence that will prove
highly beneficial to your case. Top
How quickly should I contact
an attorney?
An experienced and knowledgeable attorney should be
contacted as soon as possible. Victims that choose
not to contact an attorney often find that evidence
attributing to the negligence is often lost or destroyed.
The longer you wait to retain an attorney, the harder
it is for an attorney and their investigators to piece
together the facts. The law offices of Keller and
Keller are available to you and your loved ones at
anytime for a free consultation and legal advice.
Top
What should I look for in
hiring an attorney in a trucking case?
Experience, knowledge, and understanding are important
to every case. Since 1936, the law offices of Keller
and Keller have successfully defended its clients
and their claims. Because trucking accidents can present
unique variables and instances of complicated liability,
it is highly suggested that you seek legal counsel
that will be able to properly guide you through the
legal process. As an AV rated firm, Keller and Keller
possess the experience and skill to help determine
the best strategy in pursuing your claim. Top
What is
the danger associated with driving in a truck's "No-Zone"
area?
The "No-Zone" refers to the areas behind
and beside a commercial truck, where the truck driver
has limited or zero visibility: the left rear quarter,
the right rear quarter, and directly behind the truck
at a short distance. When a driver is operating a
vehicle in any of these areas, they are highly susceptible
to an accident. Top
What are
some specific examples of the variables found in a
semi truck accident?
There are usually at least two insurance policies
covering the accident.
An accident with one tractor-trailer could bring in
multiple defendants and therefore multiple
liability insurance policies.
A truck driver has a higher standard of care than
most.
There is automatic liability for some accidents under
the Federal Motor Carrier Safety Regulations.
Negligent hiring may impose punitive damages on an
employer.
Deliberate use of unsafe equipment may substantially
increase your award.
A trucking company may not blame someone else for
the accident if it operates
under a “public franchise.”
There are specific rules on how to load a truck so
its contents will not fall off.
A truck has only 10 minutes to set out emergency signals
after it becomes disabled.
If you or a loved one has suffered an injury as the
result of a semi truck's negligence, the law offices
of Keller and Keller are available to you for a free,
confidential consultation with an attorney from our
firm who is experienced in handling personal injury
claims. You can either contact us by phone at 1-800-2KELLER
or through the use of our Free Case Evaluation submission
form below. Top
Should you decide to retain our services after the
initial consultation, we will work on a contingent
fee basis. This means that our offices will only be
paid for our services once we make a recovery on your
behalf from the insurance company.
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