Truck Crashes Are Not Car Crashes

There are a lot of big rigs out on the roadway.  And when a an 18 wheeler or other large commercial vehicle causes a crash, it can result in signficant injuries.

 

Crashes that involve these large trucks- especially crashes involving interstate trucking companies (companies that ship goods between states)- present unique considerations that are not present in your typical car crash case. In these instances, a group of regulations under the Federal Motor Carries Safety Act (FMCSA) will apply in addition to the states general negligence laws. Regulations involving the number of hours a driver can be on the roadway, the number of hours of rest the driver must take before continuing with his trip, the amount of insurance the carrier must have, the type of documentation the carrier must maintain, and several other factors are regulated by the FMCSA.

 

Unlike most general car crash cases, there are other possible avenues of recovery in addition to the carrier. For instance, if a broker was used to coordinate the delivery of the load they may face liability. If the broker controlls the aspects of delivery such as the route the carrier must take, the hours which the carrier can drive (e.g. only from 12:00 a.m. until 6:am), or puts coercive deadlines or financial penalties on the carrier's perfomance the broker may be liable.  A broker may also be liable if it chooses a carrer that has a poor safety record. The carrier's safety record can generally be found through an internet search on the SAFER/FMCSA web page.  Depending on the mechanism or cause of the crash, the shipper of the goods, a dispatch company, a staffing company, the trailer owner or maintenance companies can share in the liability and provide another avenue for recover of damages when the carrier's insurance policy isn't enough to cover all of the injuries and damages.

 

Hopefully you or your loved ones will never have to worry about this.  And thankfully most truck drivers are great drivers who take safety seriously.  But, if you are invovled in a crash with a truck, remember these are not car crashes.  You will want to speak to a lawywer that knows the difference.