Injured in an Accident?

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Unbelievably the driver of the truck that hit me had no insurance. What are my options?

You can always proceed against the truck driver. Unfortunately, the driver probably won’t have enough money to make the case worthwhile.

There may be other defendants who share the driver’s liability, however. Some potential defendants would be:

The Trucking Company
Federal law requires that trucks carry insurance. If the trucking company knowingly let the driver operate without insurance, you may have an action against the trucking company.

If you can establish that the driver was an employee of a trucking company and that the accident occurred while the driver was acting during the course of employment, the employer may be found liable for your injuries under a legal theory called "respondeat superior."

The Shipper or Truck Manufacturer.

If your injuries were caused by hazardous materials on board, the shipper or manufacturer may be liable for some of your damages. The truck manufacturer.

If the accident was caused by a defect in the truck, then you may have a cause of action against the truck manufacturer or the manufacturer of its component parts. The party that performed truck repairs.

If a truck mechanic failed to properly repair the truck and that failure caused the accident, the person who improperly repaired the truck or his/her employer, may be liable for your injuries.

The Government Entity

A government entity may be at fault if your injury was caused by poor road maintenance, faulty signage, lighting, utility pole and tree placement, etc. An experienced truck accident attorney will know how to find all of the potential parties who may be responsible for your injuries, even if you can not recover from the truck driver individually.

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Truck Accident is it different than a regular car accident?

Trucking accidents are collisions involving semi-trucks, tractor-trailers, 18-Wheelers or other commercial vehicles that cause property damage and/or personal injuries.

According to the Federal Motor Carrier Safety Administration (FMCSA), accidents involving large trucks were responsible for 4,321 deaths, 77,000 injuries and 287,000 property damage claims in 2006.

Commercial vehicles are larger and heavier than passenger vehicles and therefore, trucking accidents typically cause much greater harm. Although large trucks are only responsible for a small percentage of injury-causing motor vehicle accidents, the sheer size of a truck increases the likelihood of significant and very serious damage to human life and property.

Addressing the problems caused by trucking accidents is usually more expensive, complicated and difficult than a typical passenger car collision due to the unique aspects of truck accidents, such as: Jackknifing: When a truck jackknifes, the driver usually does not have time to react before it is too late.

However, the tendency for a truck to jackknife is increased when the front brakes are removed or de-powered. Whichever party is responsible for disabling the front brakes could be partially responsible for damages in an accident caused by jackknifing. Fuel Fires: When a truck catches fire, it is usually because the truck’s diesel fuel came in contact with battery spark.

The way to avoid this is by protecting the battery from being crushed in an accident. If the battery is located in a position where it is vulnerable, the party responsible for locating it there may be responsible for a share of the damages in an explosion accident.

Rollovers: Rollovers are one of the major causes of fatalities and injuries in trucking accidents. The many factors that can cause a truck rollover including: driver error (taking a curve too fast, driving too fast, fatigue, inexperience or DUI - driving under the influence), truck malfunction (improper load distribution, low tires, brake failure) and highway conditions. Braking: Trucking accidents are frequently caused by brake malfunction. The cause of the malfunction may be pinned on a variety of parties (individually, or in combination): the driver, the company that loaded the truck, the party responsible for maintaining the brakes and the manufacturer of the brakes.

Air brakes – the only type of brakes used in large trucks – can only take so much heat. A full stop at 60 mph raises the brake drum temperature to about 600 degrees. That is the limit for safe operation. If the brakes aren’t properly set or maintained or the load is not evenly distributed, the brakes overheat and may malfunction. If the accident is caused by brake failure after a decline in the road, an inexperienced driver may be the cause. If brakes fail, the chances are higher for a greater impact between the truck and the car. Another difference between truck and car accidents is that commercial motor vehicles are almost always operated by an individual possessing specialized training, education and formalized instruction.

Truckers should possess a special license for operation of the vehicle and generally will have attended an independent trucking school or form of apprentice training within a trucking company. A driver is required to have certain knowledge, experience and training not required of a standard operator.

If a truck driver that caused an accident does not possess the requisite amount of training and experience, a claim might be brought against the trucking company for negligent hiring and/or training. In a typical car accident case, there is no one else to sue if you get hit by an inexperienced driver.

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Are there special rules that apply to commercial trucks?

Yes. There are many special rules, regulations and laws. The bulk of federal regulations dealing with the trucking industry can be found within Title 49 of the Code of Federal Regulations. These regulations and other federal statutes result in Federal Law applying to trucking accidents (and that may bring a trucking accident case into Federal Court).


For example, in January of 2004, the new Hours of Service Rules (rules designed to insure that truck drivers obtain necessary rest and restorative sleep) went into effect. Consequently, if you are in an accident where the driver fell asleep, and you rely on a violation of the Hours of Service Rules, you may end up trying your case in Federal Court. There are also a vast variety of state laws that that may apply in a truck accident case. Some of the special rules favor the trucking industry, and offer them some protection and defense from people injured in trucking accidents.

Other special rules that apply are designed to reduce risks associated with trucking accidents, for example by requiring that drivers get enough rest, or keep their trucks in good working condition. Trucking accident lawsuits involve a variety of elements absent from typical car accident cases. An important piece of evidence in a trucking accident case is the trucker’s driver’s logs. Federal law requires drivers to record their driving information in structured driver's logs. In a trucking accident case, analysis of the log is critical. Among other things, the drivers log may be used to show violations of Federal hours-of-service regulations, intentional illegal conduct and negligent conduct. In addition to drivers logs, the qualifications of the driver, his/her training, education, experience, traffic violations, physical attributes and mental status are all factors to be considered in the determination of whether the driver and trucking company was in compliance with federal and state regulations.

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How much time do I have after a trucking accident to file a lawsuit? What if a minor child was injured?

Every state has time limits, contained in "statutes of limitation," which control the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, you claim may be dismissed. The clock may begin to run either after the crash or after you learn of your injuries, and may be a number of months or years. To learn how much time you have to file your suit, contact an attorney at once who will review the timing deadline that applies in your case.

When a minor child is involved in a trucking accident, the time period for filing the lawsuit may be extended. In some states, the time period in which to file a lawsuit starts when the child reaches the age of 18. For example, in a state where the 2 year statute of limitation is “tolled” until the child reaches majority, even though the child was injured at 3 years, she would have until she reached the age of 20 to file the lawsuit.

Just because there is a long period of time before a lawsuit must be filed does not mean that you should wait. There are many details that need to be dealt with as quickly as possible. For example, an experienced truck accident attorney can help you document your injuries, secure evidence, identify potential defendants, and establish insurance policy coverage and the policy limits. Many times a case can be negotiated and settled before the attorney even files a lawsuit.

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What are some Typical Arguments used in truck accident cases?

One of the more common defenses in a trucking accident case is that the driver of the passenger vehicle caused the accident. Because of their enormous size and slow maneuverability, large trucks have significant limitations when it comes to responding quickly to the action(s) of another motorist. Consequently, if the passenger car does any of the following, the fact of the action will be used to defend the truck driver:

• Driving left of center into opposing traffic
• Unsafe passing
• Driving under the influence of drugs or alcohol
• Failing to stop for a stop sign or light
• Following too closely
• Driving over the speed limit
• Driving inattentively
• Driving in "no zones"
• Improperly merging in front of a truck

If the trucking company is sued under a legal concept known as “respondent superior” (the company is liable by virtue of its employment of the driver), the company will frequently argue that it was not an employer of the trucker, but instead that the trucker was an independent contractor. If the driver was an employee, the trucking company may try to show that the accident occurred while the driver was not acting within the scope of his job duties – for example, that he was using the truck for personal reasons. If successful in this defense, the injured party would still be able to proceed against the truck driver and his insurer.

Many times trucking, hauling and leasing companies argue among themselves on the issue of whose insurance is going to compensate the victim. The trucking, hauling and leasing company may try to show that the accident was caused by the other party. For example, the truck company might claim that the accident was caused by a defect in the brakes. The brake company would come back and point the finger at the leasing company, claiming that the leasing company failed to maintain the brakes in good working order. A defendant in a lawsuit will usually do whatever is possible to try to shift liability from itself to another party.

If you or a loved one have been injured in a truck accident, seek the advice of an experienced truck accident attorney right away.

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How much time does it take to resolve a truck accident case?

Do most cases settle or go to trial?

If I win, how long does it take to get my money?

Resolving your case. The amount of time needed to resolve your case depends on your particular circumstances. Cases take from a few months to over a year or longer to fully investigate, prepare and present to a judge or jury. Because of the larger amounts of damages involved in a truck accident case, the trucking insurers are more likely to authorize the vigorous defense of the case. For this reason, truck accident cases generally take longer to resolve than an auto accident case.

Some cases are appealed after a decision is reached at the trial level, and that process can add several months, or more. Most cases settle before going to trial, so that both sides can avoid the extensive delay involved in preparing and presenting their case. Settlement or trial. Whether a case settles or goes to trial, the attorneys for both sides need some time to discover all of the facts of the case, explore all the relevant laws, claims and defenses and advise their clients.

A significant factor in how much time a case takes is the people involved; for personal, legal and financial reasons, some people choose to move quickly through the court systems, while others seek to cause delay.

Compensation.

How long it takes to get your verdict or settlement money will depend on a number of factors. How quickly the particular insurer pays claim is the first variable. Both verdicts and settlement agreements have a date by which the insurer must pay. Because the agreement is an enforceable contract, the insurer will generally pay within the time designated. If there is no insurer and you must depend on an individual, there is no telling how long it could take. If he or she does not pay within the agreed time, it means another action to collect the judgment .

Beyond the time period to which the parties agree, factors that can delay payment include:

- How many insurers/payors are there? The more there are, the more complicated payment is and the longer payment will take.

- Are there outstanding liens? The liens against the settlement or judgment have to be settled before you get your money.

- Are there portions of the claim that are not resolved? If so, the claims must be settled.

- Are the medical bills or attorney fees in dispute? If so, those disputed bills and fees must be resolved first.

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A big rig jackknifed and I was injured. Can I recover against the driver of the truck?

If you can prove that the driver was negligent, absolutely. However, just because a truck jackknifes doesn’t automatically mean that the driver was negligent.

The driver may not have been at fault because of road conditions, because he or she was trying to avoid another car, or because the jackknife was caused by some inherent problem with the truck. Proceeding only against the truck driver may not be your best strategy.

There may be other potential parties to sue, such as the trucking company, a contractor of the trucking company, the employer or the driver, or the manufacturer or distributor of a faulty truck part (a product liability case). It may also be a public entity such as a town, city, county or state for negligent design of a road. An experienced trucking accident attorney will turn up other potential defendants to file claims against or name in a lawsuit.

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What are “no-zone” crashes?

A “no-zone” is an area where a passenger car disappears from the truck driver’s view. There are front, side, rear, backing up and right turn no-zones. Studies show that accidents between cars and large trucks are 60% more likely to occur when a car is in a no-zone. The government has been educating the public on defensive driving in no-zones for many years, and because many trucks have warnings on them regarding the driver not being able to see a car in its no-zones, there is a good possibility that the defense will raise the point against the injured driver in a no-zone accident case.

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