Truck Accident FAQ

A commercial truck is a motor vehicle (or combination of motor vehicles) used in commerce to transport passengers or commercial goods.  This includes:

• Semi-trucks
• 18-wheelers
• Big rigs
• Tanker trucks
• Delivery vans
• Flatbeds and other freight carriers

Truck accidents are far more complex due to unique regulations and higher safety standards. Key distinctions include:

• Commercial truck drivers must meet higher safety standards than other motor vehicle drivers.
• Truck drivers are subject to limits on the number of hours they can drive in any given day.
• Truck drivers are subject to testing for drugs and alcohol.
• Trucking companies have a responsibility to perform background checks before hiring drivers and should be evaluating existing drivers on a periodic basis.
• Large commercial trucks travel in interstate commerce and, as such, are subject to federal regulations that do not apply to other motor vehicles.
• Violations of these regulations can provide the basis for establishing fault on the part of the trucking company and its driver.

Drivers of large commercial trucks must keep a logbook and, by law, may only drive a certain number of hours per day. It is important to establish whether the logbook was properly kept and whether the driver was within the allotted hours of service when the accident occurred. It can be difficult to discover.

Truck drivers must maintain logbooks tracking hours of service. Discrepancies or violations may establish liability—something our attorneys are skilled at uncovering.

The trucking industry is regulated by:

• U.S. Department of Transportation (DOT)
• Federal Motor Carrier Safety Administration (FMCSA)
• Individual state Departments of Transportation (DOTs) The FMCSA also maintains publicly available safety data on commercial carriers.

Federal laws and regulations govern our nation’s trucking industry. These regulations, the bulk of which can be found in Title 49 of the Code of Federal Regulations, establish standards that trucking companies, owner and drivers must meet.

The U.S. Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) regulate the truck driving industry. In addition, every state also has its own department of transportation.

The FMCSA website sets forth the regulations governing commercial motor vehicles and trucking companies and provides current safety data regarding trucking companies.

Human error is probably the most common cause of trucking accidents. A fully loaded truck is difficult to control—especially when poorly maintained or improperly operated.

Causes that are specific to the trucking industry include:

• Hours of service and logbook violations
• Improper or overloaded cargo
• Unsecured cargo shifting
• Mechanical failure or poor truck maintenance
• Lack of training or pre-trip inspections
• Fatigued drivers
• Failure to yield the right of way
• Missing under-ride protection under-guard

Here’s what to do (and not do) after the crash:

Do:

• Report the accident to your insurance
• Take photographs
• Collect detailed documentation
• Ensure a police report is filed

Don’t:

• Speak with the other insurance provider
• Sign documents without legal advice
• Release your medical records prematurely

Obtaining legal representation is highly recommended. Accidents involving large commercial trucks are complicated, and a knowledgeable truck accident attorney will help you understand your legal options.

Let your attorney handle all communications. Even seemingly innocent statements can be misconstrued to work against you.

The truck accident attorneys at Nash & Franciskato will advise you on the course of action to take, help determine who is at fault, answer questions, work to obtain the maximum amount of compensation possible, and much more.

Unlike typical car accidents, liability in truck crashes may involve multiple parties, such as:

• The owner of the truck, cab, trailer, or even the cargo
• The driver
• The driver’s employer
• A parent company or freight broker
• The truck or parts manufacturer

Attorney Dean Nash’s experience representing a major trucking company gives you an insider advantage when building your case.

Depending on the facts of your case, compensation may include:

• Medical bills associated with your injuries
• Lost wages resulting from your truck accident injury
• Rehabilitation and physical therapy
• Permanent disability or disfigurement
• Pain and suffering
• Wrongful death

The team at Nash & Franciskato will work tirelessly to ensure your recovery reflects the full extent of your losses.

A truck driver may be considered negligent for:

• Driving too fast or aggressively
• Failing to maintain proper control of the truck
• Violating any state and/or federal laws and regulations
• Exceeding the federal hours-of-service limits
• Failing to keep a current logbook of his or her duty status
• Driving a commercial truck when impaired through fatigue
• Operating under the influence of drugs or alcohol
• Driving in a careless, imprudent, and aggressive manner
• Failing to slow or stop his or her vehicle to avoid a collision with another vehicle
• Operating a motor vehicle in a defective condition
• Failing to yield the right of way

This is not a comprehensive list; however, truck drivers typically are negligent if they do one or more of these things.

The truck accident attorneys at Nash & Franciskato thoroughly investigate your accident, establishing negligence, determining who might be at fault, and the parties involved, while you focus on healing.

The “No-Zone” refers to the danger areas around commercial trucks and buses where crashes are more likely to occur. Some No-Zones are actual blind spots or areas where you car “disappears” from the view of the truck driver. These blind spots are the Side No-Zone, Rear No-Zone, and Front No-Zone areas – left and right rear quarter and directly behind the truck at a short distance.

The right-side blind spot is extremely dangerous because trucks and buses make wide right turns.

A jackknife occurs when the trailer swings out from the truck at a sharp angle, often forming an L or V shape—like a folding pocketknife.

Common causes:

• Slippery roads
• Taking a curve too quickly
• Sudden swerves
• Sudden swerves
• Brake or equipment failures

The truck accident attorneys at Nash & Franciskato will fully investigate the evidence to determine the cause of your wreck.