Trucking Accident Cases Are More Complex Than Typical Car Crash Cases
Handling a case involving an 18-wheeler, tractor-trailer, log truck or other commercial truck requires a special investment of time and resources and a detailed knowledge of Federal Motor Carrier Safety Regulations. At first glance, it may seem that truck accidents are no different than car accidents. But, that is not the case. Commercial trucking is a huge industry. There are always big rigs, 18-wheelers, tractor-trailers and other large trucks on the highways and streets.
Federal and State Laws About Trucking Cases
Accidents involving large trucks such as big rigs and/or tractor-trailer vehicles are subject to a myriad of federal and state laws and regulations that would not apply in a crash that only involved cars. That is one reason it is important to have a lawyer representing you who is experienced in handling large truck accident cases. All aspects of handling a case involving a big truck case– including investigation, discovery, technology and the laws involved – are significantly different than a standard automobile case. A lawyer who is not equipped with the proper background knowledge, time or experience to handle a claim involving a commercial truck crash is doing a great disservice to the client he represents.
VanDerGinst Law has the experience necessary to handle even the most complex trucking accident cases. In fact, managing partner, Dennis VanDerGinst, has been a member of the Interstate Trucking Litigation Group for the American Association of Justice since 1994 as well as having been a National Advisory Board Member for the Association of Interstate Trucking Lawyers of America.
US Department of Transportation Governs Trucking
The U.S. Department of Transportation’s (USDOT) Federal Motor Carrier Safety Administration (FMCSA) provides regulations for the safe operation of commercial vehicles. Federal rules and regulations include drivers, vehicles, Hazmat situations, companies, and regulatory guidance. Companies and drivers must comply with rules governing such areas as fatigued driving (Hours of Service), vehicle maintenance, cargo, driver fitness, substance abuse, and many other areas.
Even though the FMCSA is charged with regulating approximately 725,000 interstate and foreign-based truck companies, it is estimated that the FMCSA is able to only audit less than 2 percent, or less than 12,000, of the total carrier population annually. This means thousands of unsafe vehicles and drivers may fall through the cracks.
Ultimately, it is the responsibility of the commercial motor carrier to ensure that the vehicles and drivers it employs meet all federal regulations to safeguard both its employees and the general driving public, and it is the responsibility of the commercial driver to make sure he or she is in compliance with the rules. Safety initiatives have helped to reduce the number of tractor-trailer truck accidents occurring yearly across the country. Big truck driving companies that follow new regulations have helped to reduce the number of big truck accidents. But no matter what attempts are made to prevent truck accidents, the increasing number of motorists and tractor-trailer trucks on the nation’s highways amounts an unfortunate number of serious and fatal accidents.
The lawyer handling a case involving an 18-wheeler or other commercial vehicles must be familiar with those rules and regulations in order to recognize a claim and effectively handle the case. Additionally, it is essential that lawyers handling these types of cases be prepared with a broad base of knowledge about the specific technology, insurance issues, multistate discovery practices and other aspects of litigation that are unique to the commercial vehicle industry and this type of litigation. VanDerGinst Law has that experience and the resources necessary to handle these cases.
The most common issues faced in commercial vehicle litigation include:
• Truck driver fatigue and Hours of Service
• Truck driver distraction due to electronic devices
• Rapid Response Teams and the importance of prompt investigation
• Importance of Federal Motor Carrier Safety Regulations in Commercial Trucking cases
• Statutory background of federal trucking safety laws
• Federal Motor Carrier Regulations often cited in commercial trucking cases
What are the dangers associated with big trucks?
The American Association for Justice recently released the findings of a study of safety performance that reveals more than 28,000 motor carrier companies have violated federal safety regulations, putting U.S. motorists on the roads with trucks that have such violations as defective brakes, bald tires, loads that dangerously exceed weight limits and drivers with little or no training, or drug and alcohol dependencies.
The safety data comes from the Motor Carrier Management Information System (MCMIS), maintained by the Federal Motor Carrier Safety Administration (FMCSA). The study indicates that while truck accidents occur for a variety of reasons, many are preventable, and often a direct result of trucking companies violating safety standards to cut corners and maximize profits.
Among the startling findings revealed in FMCSA data:
• More than 4,000 people die every year in collisions with trucks, and 80,000 more are seriously injured.
• Though trucks make up less than four percent of all passenger vehicles on U.S. Roads, they are involved in 12 percent of all motor vehicle fatalities.
• The vast majority of people killed in accidents with trucks are the drivers and passengers of the cars that get hit.
Making matters even worse, the AAJ report says not only do the trucking companies disregard safety laws, but the minimum insurance requirements for commercial trucks are completely inadequate to compensate those who have been seriously injured in a collision.
What can I do?
If you feel you have a claim, VanDerGinst Law would like to talk to you.
Contact VanDerGinst Law today. We have knowledgeable and experienced attorneys who can help guide you through the complexities of your case and help you obtain the financial compensation you deserve. The consultation is free and there is never a fee unless we win. Call VanDerGinst Law at 800-797-5391. The law is tough, being injured is tougher. We’ll make it easier for you.
The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.