At Stripling & Stripling, P.A., our experienced and dedicated truck accident attorneys are here to address all your questions and concerns. We believe in not only taking care of our clients but also keeping them well informed regarding their personal injury case. Below is a guide to truck accident cases:
Basic Guide to Truck Accident Cases
First Steps: What to do after you get in an accident
References and Further Reading
Contact an attorney as soon as possible. If you have been injured or lost a loved one in an accident involving any type of truck accident, call today for a free consultation (1-800-226-8898).
Basic Guide to Truck Accident Cases
According to the U.S. Department of Transportation (DOT), in Florida alone, there were over 4,800 accidents involving large trucks in 3007. Accidents involving a large truck can be especially devastating. Federal regulations allow trucks to weigh as much as 80,000 pounds fully loaded or around 30 times more than the average passenger car. Furthermore, trucks are often traveling at high speeds on Florida’s highways, so chances are increased that an impact with another vehicle will lead to injury or fatality.
Issues of Negligence and Liability: How We Develop Your Case
Investigation
The first and most important step to developing your case is to gather the facts and information that proves liability. Our attorneys investigate the details of your accident to determine whose negligence led to the crash. The at-fault party could be any one of a number of entities, including the companies that leased, loaded or manufactured the truck, the owner of the truck, or the driver himself.
Federal regulations dictate the maximum size and weight of trucks, the maximum number of hours truckers can drive per day and per week, equipment safety standards, and additional precautions truck drivers must take on the road (see details below). Proving liability often involves demonstrating that the truck or the truck driver was in violation of federal regulations at the time of the accident.
Our attorneys begin investigating liability by gathering information from documents relating to the accident. These include police reports, paramedic and ambulance reports, statements of witnesses, photographs of the scene of the accident, medical records, and more.
Like airplanes, trucks are now equipped with a “black box” that records data from the truck’s equipment. Using this data gathered from the “black box,” investigators can determine possible causes of the accident such as driver error, equipment malfunction, or an improperly loaded trailer. For example, if the black box indicates that the driver stepped on the brakes in time to prevent the accident, but the truck failed to stop as quickly as it should, the accident was likely caused by equipment malfunction. However, if the driver failed to step on the brakes in time, the accident was likely caused by driver error such as fatigue. Often, a combination of factors lead to an accident. It is your attorney’s duty to determine primary and secondary factors and then to calculate how much each factor contributed to the accident so that you get the maximum compensation from each liable party.
Discovery
Discovery is often the most time-consuming portion of a case. During this time, each side of the dispute exchanges information gathered during investigations. These exchanges may take place in a number of ways. The discovery process often involves the plaintiff and defendant answering questions about the dispute under oath. At depositions, both sides meet in person to ask and answer questions. These exchanges may also take place in writing, which are referred to as interrogatories. In either case, each side’s answers can be used as evidence. Also, during the discovery period of a case, each side might request that the other admit to certain facts about the case so that there is less to dispute in court.
Federal Rules and Regulations
The trucking industry is governed by federal rules and regulations which aim to increase safety precautions and reduce the number of accidents involving large trucks. As mentioned above, these regulations dictate the maximum size and weight of trucks, the maximum number of hours truckers can drive per day and per week, equipment safety standards, additional precautions truck drivers must take on the road, and more. Unfortunately, violations of these regulations can lead to terrible accidents.
Hours of Service (49 CFR Part 395)
The Hours of Service regulations place restrictions on on-duty time, off-duty time, and driving time. On-duty time is more than just driving time. It includes basically any type of work, even working for other employers besides the truck operators.
There are two sets of regulations that restrict the hours truck drivers can work daily. First, drivers are not permitted to be on duty for more than 14 consecutive hours before they must go off duty for 10 consecutive hours. Second, during these 14 on-duty hours, truck drivers are not permitted to drive more than 11 hours total. 49 CFR Section 395.3(a)(1-2).
There are two different types of weekly restrictions, depending on whether the company runs trucks every day of the week or not. If so, truck drivers may not drive after they have spent 70 hours on duty during any eight consecutive days. If the company does not run trucks every day, truck drivers may not drive after they have spent 60 hours on duty during any seven consecutive days. 49 CFR Section 395.3(b) and (c).
*Interstate Truck Driver’s Guide to Hours of Service
Driver Error: Most Common Cause of Truck Accidents
Most often, truck accidents are caused by error on the truck driver’s part. The Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation (DOT) and National Highway Traffic Safety Administration (NHTSA) collaborated on a study to determine the most common causes of crashes involving large trucks. The study differentiates between the critical event (action or inaction that led to accident such as swerving, failing to break, or changing lanes) and the critical reason for the action (the root cause of the accident such as driver fatigue or inattention). Researchers discovered that, out of all accidents caused by trucks, driver error was the critical reason 87% of the time.
Driver error can take many forms, including prescription and over-the-counter drug use, unsafe driving practices such as speeding and aggressive driving, unfamiliarity with roadways, and fatigue. A study published in the Journal of Public Health Policy found that an overwhelming majority of truck drivers – almost 75% – admit to driving more than regulations permit per day.
Compensatory Damages
The next step is to calculate the physical and non-physical damages suffered in the accident. These would include medical bills, lost wages, damage done to the vehicle, and any future expenses the victims and their family may incur. There are often many unexpected and unforeseeable costs involved, and it is important to hire an attorney with experience in trucking accidents to make sure that you receive the maximum compensation for your losses.
It is devastating to lose a loved one in an accident due to another’s negligence. Although no amount of compensation will make up for the emotional hardship caused by another driver’s careless act, it is important that the party liable for the accident is held financially responsible for costs such as medical bills and funeral expenses.
Litigation: Research and Experts
Using the information from the initial investigation and the estimated compensation, your attorney will decide whether or not to hire experts for your case. The testimony of an expert can strengthen any number of details of your claim, but it is your attorney’s responsibility to determine whether or not an expert is necessary and which experts will prove most valuable to your case.
First Steps: What to Do After You Get in an Accident
Handling communication between the various parties involved in any accident can be overwhelming, especially when the accident involves a semi, tractor-trailer, 18-wheeler, or commercial vehicle such as a bus or delivery truck. The complex interactions between the company that owns the vehicle, their insurance company, the company that leased the vehicle, law enforcement authorities, your insurance company, hospitals, and other health care providers can delay the resolution of your case for months– even years. The attorneys at Stripling & Stripling, P.A. have extensive experience dealing with all of the parties involved so that you can focus on the health and well-being of you and your loved ones. However, there are a few things that you must do immediately after an accident that may make the difference in the success of your case.
Say nothing, sign nothing. Remember, everything you say after an accident could be used against you at trial. In short, it is best to say as little as possible after an accident. More specifically, avoid saying anything that could sound like an admission of fault. For example, do not apologize or make any statements about your own driving (such as “I didn’t look to the left”). It takes law enforcement officials, insurance companies, and attorneys a long time to figure out exactly what happened in an accident. Even if you think you know what happened (for example, you hit another vehicle), avoid commenting before all the facts are compiled and analyzed (the other vehicle’s lights weren’t functioning correctly, the other vehicle had run a stop light, or the other driver was speeding).
Also avoid making any statement about whether or not you sustained injuries, as many injuries are masked by adrenaline and shock for some time after an accident. See a doctor as soon as possible to determine the extent of your injuries.
Do not sign any reports or paperwork from insurance investigators. These documents verify their version of events. Insurance investigators have their employer’s best interest in mind, not yours. They will seek to focus on bits of evidence favorable to them to limit their liability.
Notify the proper law enforcement authorities and your insurance company immediately after an accident. If there were any witnesses, ask them to stay until law enforcement arrives to gather their statements. When speaking with your insurance company, it is often a good idea to have the official police report handy. Be sure to be honest with law enforcement and your insurance company; however, try to refrain from making any other statements about the accident to anybody – especially the other driver’s insurance company. Let them know that they can call your attorney or your insurance company if they have any questions.
Preserve evidence and gather information. Be sure to get the insurance providers and tag numbers from others involved in the accident. Also, as soon as possible, take photos of all relevant information, including damage to vehicles, position of vehicles, skid marks, gouges, ruts, or any other useful information. These types of details will fade or vanish completely over time, so it is important to document them as soon as possible. Also, document eyewitness information and testimony. Law enforcement officials will do this at the scene of the accident, but it can only help for you to have your own notes on their statements. Save any evidence whatsoever, and your attorney can determine later what will help with your case.
Get an attorney. Competent representation is necessary in processing claims for trucking accidents for several reasons. An attorney may be able to help you obtain vital medical treatment that you may not initially be able to receive. However, if you have been in an accident due to someone else’s negligence, you are entitled to more than the cost of your medical bills. An attorney will help you estimate the total damages you will suffer, including lost wages, pain and suffering, future expenses, and any other special damages. Your attorney will protect your rights and negotiate with the insurance companies to make certain you get the compensation you deserve.
References and Further Reading
Truck Safety Coalition/Parents Against Tired Truckers
http://www.trucksafety.org/
Insurance Institute for Highway Safety (IIHS)
http://www.iihs.org/
United States Department of Transportation (DOT)
http://www.dot.gov/
DOT Federal Highway Administration
http://www.fhwa.dot.gov/
National Highway Traffic Safety Administration (NHTSA)
http://www.nhtsa.dot.gov
NHTSA Fatality Analysis Reporting System (FARS)
http://www-fars.nhtsa.dot.gov/Main/index.aspx
Federal Motor Carrier Safety Administration (FMCSA)
http://www.fmcsa.dot.gov/
Florida Department of Highway Safety and Motor Vehicles
http://www.flhsmv.gov/
Florida Department of Transportation Trucking Manual (FDOT)
http://www.dot.state.fl.us/mcco/
American Trucking Organization
http://www.truckline.com
Florida Trucking Association
http://www.fltrucking.org/
Contact Gainesville Semitruck Accident Negligence and Liability Attorneys
It is important to contact a Gainesville semi truck accident negligence and liability lawyer who has experience as soon as possible. If you have been injured or lost a family member in an accident involving a semi, tractor-trailer, 18-wheeler, or commercial vehicle such as a bus or delivery truck, call today for a free consultation (1-800-226-8898) and start working closely with one of our attorneys.