When a commercial truck is involved in a collision, the consequences are almost always catastrophic. A fully loaded tractor-trailer can weigh up to 80,000 pounds, compared to approximately 4,000 pounds for an average passenger car. The physics of such a collision are devastating.
Multiple Liable Parties
In a typical car accident, there is usually one at-fault driver and one insurance policy. Trucking accident cases are far more complex because multiple parties may bear liability:
- The truck driver: May have been speeding, fatigued, distracted, or impaired.
- The trucking company: May be liable under respondeat superior or for negligent hiring, training, or supervision.
- The vehicle or parts manufacturer: If a defective part contributed to the accident.
- The cargo loading company: Improperly loaded cargo can cause jackknifes and rollovers.
- Maintenance contractors: Third-party companies that failed to properly inspect or repair the truck.
- Government entities: Poor road design or maintenance may contribute to the accident.
Federal Motor Carrier Safety Regulations
Commercial trucks are subject to extensive federal regulations from the FMCSA covering:
- Hours of service: Limits on driving time to prevent fatigue-related accidents, tracked with electronic logging devices.
- Driver qualification: Age requirements, physical fitness standards, licensing, and background checks.
- Vehicle maintenance: Regular inspection, repair, and maintenance requirements with detailed record-keeping.
- Drug and alcohol testing: Pre-employment, random, post-accident, and reasonable suspicion testing.
- Cargo securement: Regulations on how cargo must be loaded, distributed, and secured.
Violations of these regulations serve as powerful evidence of negligence in a trucking accident case.
Evidence Preservation Is Critical
Trucking companies must maintain extensive records, but retention periods can be short. Electronic data from the truck's black box, GPS, and dashcam may be overwritten quickly. An experienced attorney will immediately send a spoliation letter demanding preservation of all evidence including driver logs, maintenance records, personnel files, electronic data, and dashcam footage.
Higher Damages and Insurance Limits
Because trucking accidents cause more severe injuries, damages are typically much higher. Federal regulations require commercial trucks to carry minimum liability insurance of $750,000, and many carry $1 million or more. This means more coverage is generally available to compensate victims.
Why You Need a Trucking Accident Attorney
At Dr. Ted Injury Law, James Rodriguez and our trucking accident team have the specialized expertise to take on trucking companies and their defense teams. We work with accident reconstruction experts, trucking industry consultants, and medical specialists. Contact us at (800) 555-HURT for a free consultation.
