A logbook is where Federal interstate truckers record the amount of time spent resting and driving, in compliance with Federal law. Federal rules limit interstate truckers to 11 hours of driving over a 14-hour period and demand that drivers rest for 10 consecutive hours before resuming their duties. These hour restrictions are adjusted under certain situations, such as adverse driving conditions, time spent in a sleeper berth, and type of cargo the truck is carrying.
Employers must also comply with certain Federal regulations. For example, employers must ensure that their vehicles comply with specific noise emission standards. In addition, employers must perform a background check before hiring potential drivers. This check includes verifying a driver's previous three years of experience. A company that fails to perform this check places itself at risk of a claim for negligent hiring should the driver be involved in an accident. This verification is the most common requirement with which companies fail to comply.
Besides some of the Federal rules discussed above, trucking companies must also comply with all applicable state laws.
Examples of Factors Contributing to Truck Accidents
Trucks accidents can result from many different causes. Any accident involving a truck or large vehicle can result in catastrophic injuries. Truck accidents are caused by some of the following examples:
- Fatigue
- Speeding
- Brake failure
- Lack of training
- Driver inexperience
- Aggressive, dangerous or reckless driving
- Overloaded trucks
- Oversized trucks
- Driving under the influence of alcohol or drugs
- Mechanical failure
- Defective parts (such as brakes)
- Adverse driving conditions
- Failure to yield the right of way
Statistics
The
Federal Motor Carrier Safety Administration’s Analysis & Information Online (FMCSA) reports that, in 2007, of the 41,059 people that died in vehicle crashes in 2007, 12% (4,808 people) died in crashes involving a large truck. There were 4,584 large trucks and 278 buses involved in those fatal crashes. The FMCSA indicates that the current trend in fatal truck accidents is a slow reduction in the overall quantity of accidents, with a 7.5% reduction from 1998 to 2007 in accidents. Texas, California, and Florida consistently endure the largest number of fatal accidents involving trucks, underscoring the large amount of truck traffic within these states.
Truck accidents also result in serious injuries to vehicle occupants. The FMCSA reports that 101,000 people were injured in crashes involving large trucks; this figure equates to 22% of the total number of people injured in large truck crashes. There were 56,487 large trucks and 6,953 buses involved in injury crashes nationwide, according to the FMCSA.
Liable Parties
Multiple parties might be liable for injuries suffered in a truck accident. Liable parties could include any of the following, depending on the nature of the accident and any applicable state laws:
- Truck driver
- Truck owner
- Trucking company
- Truck manufacturer
- Tire company
- Truck maintenance company
- Insurance companies (for any of the above parties)
Accident Victim Away from Home
A victim of a truck accident could easily be injured in a different state than where that individual resides. In that case, the victim may be able to file his or her case in several locations; however, the rules for filing a case may vary by state, so every victim should obtain legal advice to protect his or her legal rights. The possible filing locations could include:
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Where the victim resides
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Where the trucking accident occurred
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Where the trucking company does business
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Where the trucking company is incorporated
Advice for Victims of an Accident
Any victim of a truck accident should contact the police immediately and seek medical attention for any injuries. If police determine that the truck driver was driving under the influence, victims should keep in mind that the criminal proceeding against that driver will not provide any compensation for injuries suffered in the accident; a victim must pursue a separate civil action against the driver or other parties to recover for his or her injuries.
Obtaining appropriate evidence after an accident often determines the success of a case. Experienced truck accident attorneys know how to initiate an investigation and obtain important evidence specifically needed for truck accident cases. The following evidence is often needed to prove liability:
- Truck schedule, log books and GPS information
- Measuring skid marks
- Examination of tires
- Truck maintenance records
- Truck driver records
- Transportation company records
- Road conditions
- Witness statements
- Condition of the vehicles after the accident
- Medical records
Seek Qualified Legal Representation
Accidents involving 18-wheelers and other large commercial vehicles require specialized knowledge to navigate the complex issues presented by such accidents. Both the merits of the case and your attorney’s understanding of the laws applicable to trucking accidents will determine the likelihood of success for a given case.
It is highly recommended that a victim of a truck accident act promptly, so that your attorney can preserve evidence, investigate the cause of the accident, and file a lawsuit prior to the expiration of the applicable statute of limitations. The attorneys at the National Justice Coalition have extensive experience in successfully litigating accidents involving large trucks and commercial vehicles. Please contact us to have any questions answered or to schedule a confidential consultation. 
