Tractor-Trailer Accident FAQ's
 With our roadways busy with personal and commercial traffic, trucking accidents are becoming more frequent. Accidents involving large trucks are among the most serious and deadly in the United States. In 2005, large trucks accounted for 8 percent of all vehicles involved in fatal crashes.
Trucking companies are required to follow Federal safety regulations which cover vehicle inspections and driver’s hours of operation. Driver fatigue is a common cause of accidents, as regulations regarding hours of operation are often violated.
Accidents that can result in injuries may be caused by collisions, spilling of contents of the truck, roadway hazards, and driver error such as unrealistic delivery schedules, long hours, driver fatigue, jackknifing, dangerous cargo, inspection failures and others.
Since trucking companies are only required to keep records for 6 months, it is important to examine these records soon after an accident to determine whether regulations are being adhered to.
It is important to retain attorneys that are knowledgeable in both federal and state commercial vehicle regulations. If you or a loved one have been injured or killed in a truck or tractor-trailer accident, or have been affected by a toxic spill, you may be entitled to compensation under the law.
Contact the Tampa Tractor-Trailer Accident Lawyers of Holland & Lamoureux for a free consultation and review of your case.
Frequently Asked Questions
- Why do I need to hire an attorney for a trucking accident claim?
- Is my case any different if I am injured, or a family member is killed by a truck as opposed to any other vehicle driver?
- How should I deal with the trucking company or their insurance carrier after an accident?
- Who can sue in a truck accident injury or death case?
- Who can be sued in a truck accident case?
- What damages can I, or a loved one’s survivor, recover for injury or death as a result of a truck accident?
- Can I still win the lawsuit if I may have been partially at fault for the accident?
1. Why do I need to hire any attorney for a trucking accident claim?
Since truck drivers and trucking companies must follow different regulations than the ordinary vehicle driver, cases are much more complicated and require attorneys knowledgeable in federal and state commercial vehicle regulations. Unless you have a very minor injury, it is also important to hire an attorney as soon after the accident occurs as possible in order to obtain instructions on obtaining and retaining vital evidence.
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2. Is my case any different if I am injured, or a family member is killed by a truck as opposed to any other vehicle driver?
Yes, although the same rules of negligence apply, commercial truck drivers and trucking companies must comply with federal regulations that do not apply to other vehicles. Truck drivers require special licensing and training requirements. Violations of the Federal Motor Carrier Safety Regulation Act can provide the basis for establishing fault on the part of the trucking company and its driver.
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3. How should I deal with the trucking company or their insurance carrier after an accident?
Most trucking companies are experienced in truck accident and claims investigation, and their claims adjusters represent the trucking company, NOT YOU. Do not give them any type of statement or sign any documents, such as releases for medical records or employment records. It is important to hire an experienced attorney and refer their adjusters to your attorney.
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4. Who can sue in a truck accident injury or death case?
Anyone who is injured, or has a loved one who has been killed in a truck accident can sue as long as another individual or company is at fault. Adults or guardians may sue on behalf of their minor children.
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5. Who can be sued in a truck accident case?
Any person or entity who is at fault for causing the accident can be sued; the truck driver, the trucking company, the owner of the trailer, the shipper, or any other driver, person or entity that contributed to the accident.
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6. What damages can I, or a loved one’s survivor, recover for injury or death as a result of a truck accident?
A seriously injured person may be entitled to recover all of their past and future medical expenses, past and future loss of income or earning capacity, past and future pain, suffering, and emotional distress, and possibly punitive damages.
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7. Can I still win the lawsuit if I might have been partially at fault for the accident?
There is a legal doctrine known as "comparative negligence" whereby the amount of liability of another party for the accident is determined by comparing their degree of carelessness with your own. From that finding, the percentage of damages they must pay. As a rule, you cannot recover any damages if your responsibility for the accident is 50% or more.
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See Also...
If you have a question that was not covered in the above Frequently Asked Questions call our Tampa Truck Accident Lawyers at Holland and Lamoureux at 1-866-225-4907 or contact us today for additional information.
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