Truck Accidents FAQs
How are tractor trailer accidents different from car accidents?
What is the federal government doing about big rigs and highway safety?
What additional laws apply to truckers?
What are the most common causes of truck accidents?
What damages can I recover in a tractor trailer accident injury case?
If I am injured, who will pay my medical bills?
Do I need an attorney to litigate my truck accident case?
How soon must I bring an injury or death case based on a truck accident?
How are tractor trailer accidents
different from car accidents?
One of the most serious ways trucking accidents differ from
auto accidents is in the extent of damages and injuries
sustained 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.
In addition, there are special Vehicle Code sections that apply only to commercial truck drivers and trucking companies, and there are special licensing and training requirements of truck drivers that make truck accidents harder to defend and easier to win for plaintiffs.
What are some of the most common types of tractor trailer
accidents?
Some of the most common types of accidents are:
- Head on collisions
- Broadside collisions
- Rear end collisions
- Lane change collisions
- Center lane crossover
- Lane change collisions
- Hit and Run
- Jack-knifed trucks
- Loss of control of vehicle
What is the federal government doing about big rigs and
highway safety?
Trucking companies are required to follow the Federal Motor
Carrier Safety Administration’s regulations concerning
equipment and “hours of service” rules, which state that
truck 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.
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.
What additional laws apply to truckers?
There are unique laws and regulations that are designed
specifically to protect motorists from the negligent actions
of tractor trailer 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 and tractor trailers,
including proper loading of the materials the truck is
carrying and safety rules on traveling speeds and when
passing other vehicles.
What are the most common causes of truck accidents?
Some of the most common causes of trucking accidents
include:
- Lack of training
- Poor driving conditions
- Speeding
- Fatigue
- Overloaded trucks
- Oversized trucks
- Brake failure/defect
- Driver inexperience
- Failure to yield the right of way
- Aggressive driving behavior
- Driving under the influence of drugs and/or alcohol
- Mechanical failure
What damages can I recover in a tractor trailer accident
injury case?
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 – in cases where
the defendant's conduct is proven to be especially bad –
punitive damages may be awarded. In order to prove
negligence, a truck accident attorney with
Chalik & Chalik
Law Offices will need to show the truck driver failed to use
due care in the operation of the truck.
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.
For questions about your case, contact a truck accident attorney at Chalik & Chalik Law Offices.
If I am injured, who will pay my medical bills?
If the truck company does not pay your medical bills right
away, 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
a truck accident attorney. Contact a truck accident attorney
at Chalik & Chalik Law Offices today to discuss your
situation and injuries.
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 a truck accident attorney
at Chalik & Chalik Law Offices. 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.
How soon must I bring an injury or death case based on a
truck accident?
In the state of Florida, a truck accident case must be
brought within four years of the date of the accident. If
someone died, the wrongful death lawsuit must be brought
within two years of the date of the decedent’s death.
Contact us now if you have questions about the time to bring
a claim in your situation.
For more information, please
see our Truck Accidents page.
