Personal Injury Type -  Trucks

Thousands of injuries and deaths occur  each year in crashes involving large trucks. In crashes involving passenger vehicles and large trucks, 98 percent of the deaths occur to the people in the passenger vehicles. The U.S. Department of Transportation oversees large truck safety. The National Highway Traffic Safety Administration (NHTSA) sets standards for new truck equipment. The Federal Highway Administration (FHWA) oversees the safety of commercial vehicles in interstate commerce. State officials regulate intrastate trucks. National licenses have been required since 1992 for commercial vehicle operations. This requirement is intended to reduce the number of truckers using multiple state licenses to conceal the overall total of their traffic violations. Both interstate and intrastate commercial drivers must obtain such licenses if they operate trucks with gross vehicle weight ratings of 26,001 or more pounds, if they transport 16 or more passengers, or if they transport hazardous materials requiring placarding. Defective equipment, driver fatigue, and excessive speed can play an important role in truck crashes. The long hours truck drivers work can cause sleep deprivation and fatigue. Under federal hours-of-service regulations, interstate commercial drivers are not allowed to drive more than 10 hours or drive after working 15 hours until they have had an 8-hour break. Drivers are limited to either 60 driving hours during a 7-day period or 70 driving hours during an 8-day period. Some studies suggest that these work rules are commonly violated.

Legal claims involving truck accidents can involve complex legal and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

  • What were the circumstances of the accident?

  • Was the matter thoroughly investigated?

  • Were there any independent witnesses?

  • Were  any traffic laws violated?

  • What are the nature of any injuries?

  • Who owned and operated the truck?

  • What type of truck was involved in the accident?

  • Did the driver violate any safety rules, laws, regulations, or policies?

  • Did the driver maintain a truthful logbook?

  • Was there an onboard computer monitoring the time of travel and speed?

  • Did a GPS system monitor the truck location at particular times?

  • Has the driver been cited previously for violating rules, procedures, or laws?

  • Was the use and/or abuse of stimulants involved in the accident?

  • What were the results of any drugs test before or after the accident?

  • Did the driver have a radar detector?

  • Was defective equipment involved in the accident? Did the truck have anti-lock brakes?

  • Did the truck have underride guards?

It is important that an experienced legal team evaluate a truck accident claim. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved one are hurt in a truck accident, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to accident claims. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.

   

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