Truck accidents can have devastating consequences, both physically and emotionally. The sheer size and weight of trucks often lead to severe injuries or even fatalities for those in passenger vehicles. While the physical trauma is undeniable, the legal complexities of these accidents are often overlooked.
Proving liability in a truck accident can be extremely challenging, especially when facing aggressive insurance companies representing the trucking company. Navigating the legal system while dealing with the emotional and physical aftermath of an accident can be overwhelming.
If you or a loved one has been injured in a truck accident, Richard Schwartz & Associates can provide the legal representation you need. We understand the complexities of these cases and will fight tirelessly to secure the justice and compensation you deserve.
The Unique Challenges of Trucking Litigation
Trucking litigation presents a unique set of challenges that can be daunting for victims without experienced legal support. These cases often involve multiple liable parties, trucking companies, and insurance companies with their own legal teams working to shift liability from themselves. Combined with the complexities of federal and state regulations governing the trucking industry and statute of limitations that vary by state, it becomes clear why legal guidance is essential. For victims, having an attorney such as Richard Schwartz & Associates, who understands the nuances of trucking litigation, is the key to a successful case.
Federal Motor Carrier Safety Administration (FMCSA) Regulations
The trucking industry is heavily regulated at federal and state levels, and these regulations cover everything from driver qualifications, to hours of service, and even cargo loading. When a truck accident occurs, investigators must determine whether the trucker violated any of these regulations and if they contributed to the crash. They also work to establish if the liability is with the trucking company. Are they encouraging unsafe practices? Were they aware of any truck maintenance that was due for service? When an accident results from a breach of FMCSA regulations, it often significantly influences the legal process by heightening the trucking company's liability.
Complexities of Truck Maintenance and Inspections
Gathering evidence in trucking accidents is usually more intricate and involves reviewing the truck’s maintenance records. It is the trucking company’s duty to ensure its fleet is adequately inspected and maintained to avoid malfunctions or overlooked recalls. If a vehicle manufacturer is found to be responsible for the accident, a detailed and current maintenance log can confirm the company has fulfilled its obligations.
Gathering this evidence can be challenging as trucking companies may not be forthcoming with any evidence that could potentially hurt their case. An experienced truck accident attorney understands the importance of preserving and accessing this evidence as soon as possible to build a strong case.
Logbooks and Hours-of-Service Violations
Oftentimes, truckers are pushed to the edge of their drive times, and it’s been known that they have multiple log books or even lie on the hours of operations to keep driving. “If those wheels aren’t turning, you ain’t earning,” is a common phrase from truck drivers about how their income is directly tied to the amount of miles that they drive. By maximizing their drive time, some drivers go over the legal amount that they are allowed and, in doing so, create an unsafe environment for everyone on the road.
When a truck driver surpasses their permitted hours of service, it can affect their career, harm their employer, and put everyone on the road at risk. Some consequences include:
- Driver fatigue
- Fines and penalties for the driver and trucking company
- Increased risk of accidents
- CDL Suspension
- Out-of-service orders
In extreme cases, exceeding their allotted drive times can result in prison time but more importantly, they risk everyone on the road. When a drowsy driver is behind the wheel of a semi truck, lives are at risk.
Proving Liability in Truck Accident Cases
Commercial trucks are required to carry significantly higher insurance coverage than passenger vehicles because of the greater risks they present on the road. However, this often complicates the claims process. Trucking companies and their insurers typically aim to reduce their financial responsibility by shifting blame to other parties, making it challenging to establish liability. They may also present inadequate settlement offers to victims in an effort to close cases quickly.
An experienced truck accident attorney can thoroughly investigate the circumstances of the crash, pinpoint liability, and accurately determine the value of your claim. Successfully navigating the negotiation and litigation process demands experience, skill, and a thorough understanding of the distinctive hurdles involved in cases against large trucking corporations.
How Richard Schwartz and Associates Can Help
If you or a loved one has been involved in a trucking accident, you may be feeling overwhelmed and unsure of what to do next to start your case. At Richard Schwartz & Associates, we understand the emotional and physical toll a truck accident can take on you and your family. Accidents with a truck can leave you with severe injuries, lost wages, and even disability, causing stress and making recovery difficult. That’s why we are committed to helping you pursue justice and compensation. Contact us today to receive experienced and compassionate legal representation.
