COMMON REASONS FOR TRUCKING ACCIDENTS
While a trucking accident is an auto-accident, it is not the same as a crash between two personal passenger vehicles. Large Trucks like 18-wheelers, tandem-rigs, tractor trailers, and dump trucks are extremely heavy rigs and when they impact normal passenger vehicles cause significant damage.
The drivers of these large commercial vehicles and the companies that employ them are required to follow both Federal Regulations and State DOT regulations. Violations of these regulations are typically involved when one of these dangerous collisions occur.
A large number of trucking accidents occur because the driver has worked more hours consecutively than he or she is permitted to drive by law. This causes drivers to be fatigued and makes the safe operation of the vehicle much more difficult.
Additionally, we see a lot of accidents occur due to improperly secured loads, insufficient maintenance on the truck or trailer, and insufficient driver training.
When a tractor-trailer rig is involved in a collision the injuries are almost always severe. 18-Wheelers weights can range between 35,000 pounds all the way up to 80,000 pounds.
How is a trucking accident different from a normal car wreck
Truck drivers and trucking companies are federally regulated and have to meet a number of additional requirements that your average driver does not. These regulations and requirements can make 18-Wheeler cases more complex and demanding to litigate. You need an accident attorney familiar when trucking litigation on your side.
HOW IS FAULT DETERMINED IN A TRUCK ACCIDENT
If you are hiring an attorney to represent you in an action against a trucking company and driver, then that attorney MUST be familiar with the Federal Motor Carrier Safety Regulations (FMCSR). The FMCSR is contained within the Code of Federal Regulations Title 49. These regulations lay out the framework of what is expected of Commercial Motor Vehicle Drivers and their Companies.
To show fault in a truck accident you will need to prove that the Company, driver, or others were negligent or reckless in their actions and that those negligent or reckless actions caused the accident. One of the best methods of showing negligence or recklessness is to provide evidence that the driver and the company violated the law.
If you want a good test to see if the attorney you are consulting with is prepared to handle your case, ask him if he has a copy of the FMCRS in his office.
Should I consult an attorney about my tractor trailer accident?
Yes, hiring an attorney familiar with the Federal Motor Carrier Safety Regulations is important in tractor-trailer accidents. An experienced trucking attorney can identify different safety regulations and DOT standards that the truck driver or trucking company may have violated. Additionally, an experienced trucking litigation attorney will have experts to consult to help prove your claim including accident reconstructionist and data analysis experts to download information from the actual 18-Wheeler regarding the speed, braking distance and other relevant accident factors. For a free consultation contact us by email or phone.
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