Truck Accident

Accidents involving 18 wheelers are commercial motor vehicles (hereinafter referred to as “CMV).  Types of Commercial Motor Vehicles are listed below:

• tractor-trailer rigs, 18-wheelers, or any truck/s carrying or hauling over 10,0001 lbs.
• a vehicle designed or used to transport between 9 and 15 passengers (including the driver) for compensation; 
• a vehicle designed or used to transport 16 or more passengers; and
• any size vehicle used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR chapter I, subchapter C)

Accidents involving a CMV can occur due to any number of reasons. Due to the sheer size and weight of large trucks, when they collide with other vehicles, they often cause life altering catastrophic injuries such as: brain injury, burn injury, paralysis, spinal cord injury, dismemberment, disfigurement, permanent loss or damage to a limb, organ, mental faculty and even death.

• Statistics show that nearly 10% of people involved in a truck accident in Alabama will be killed, requiring that a Wrongful Death Lawsuit  be filed on behalf of the Deceased’s Estate.

• Tractor-trailer rigs, 18-wheelers and trucks carrying or hauling over 10,001 pounds are more likely to be involved in deadly multiple-vehicle crashes not only because of their enormous size and weight, but  because they are difficult to control and to slow down.

ARE THERE DIFFERENT TYPES OF COMMERCIAL MOTOR VEHICLE/TRUCK ACCIDENT CASES?

Types of Commercial Motor Vehicle Accidents include but are not limited to the following:

• Head-on collisions
• Rear-end collisions
• Broadside collisions
• Right-hand squeeze collisions – when a driver attempts to pass a truck on the right-hand side, not realizing the truck is making a wide right turn
• Centerline crossover collisions
• Bump collisions
• Lane-change collisions
• Jack-knifed tractor trailer collisions
• Side-underride crashes: where a passenger vehicle slides underneath the side of a tractor-trailer
• Loss of control collision

WHAT SHOULD I DO IF I AM INVOLVED IN A TRUCKING ACCIDENT?

If you’re hit by a Commercial Motor Vehicle (18-Wheeler/Big Truck), protect you/your family and your rights by following these steps:

1. Move away from the accident if possible—gas or dangerous cargo could spill and present a fire hazard.
2. Report the accident to police.
3. Make a note (or voice recording) of what you remember about the accident, take photographs, and write down the other driver’s name, license information, and employer.
4. Talk to witnesses and take down their names and contact information.
5. Get checked out by a doctor—even if you don’t think you’re hurt, you might just be in shock.
6. Call your insurer to make a report.
7. Don’t talk to the driver’s insurance or sign anything they send you. They could be trying to take away your chance for compensation!
8. Find an attorney to help you.  Get professional advice from an attorney experienced in trucking cases.  Having an attorney as your advocate can be the difference between getting an insurance settlement and having high medical costs affect your pocketbook.

HOW TO DETERMINE WHO IS LIABLE FOR A COMMERCIAL MOTOR VEHICLE ACCIDENT?

Dealing with commercial insurance is not easy, but first, you must identify the insurer that is liable for damages. In commercial accidents, it’s not always the driver’s coverage that will kick in.

Liability Insurance in Trucking Matters always depends on the circumstances of the accident.  Liability for your particular case may involve:

• The driver’s commercial insurance;
• Commercial insurance held by the company that employs the driver; and/or
• Manufacture’s insurance

The commercial insurance industry has pitfalls and determining who should pay will be an extended process because if an insurer can find a reason to pass the expense to someone else, they will certainly do so.

WHO SHOULD INVESTIGATE YOUR COMMERCIAL MOTOR VEHICLE/TRUCK ACCIDENT?

Commercial Motor Vehicle Accidents are caused by a wide range of reasons.  It’s important to get a seasoned truck accident attorney on the case as soon as possible so that all evidence of your accident is preserved.  Truck accidents are often caused by the following, and more:

• Speeding
• Tire blowouts
• Driver fatigue
• Driver Intoxication
• Distracted Driving
• Poor Road Conditions
• Mechanical Failure

WHO REGULATES THE COMMERCIAL VEHICLE INDUSTRY?

Commercial Motor Vehicles / Trucking companies are regulated by Federal Motor Carrier Safety Regulations (FMCSR). The FMCSR outlines the minimum standards for anyone who operates a commercial motor vehicle in interstate commerce. “Interstate commerce” includes transportation, trade or traffic that takes place from one state to another, including transportation from a state across U.S. borders. It’s important to note that there are also intrastate regulations that can preclude the federal regulations and apply only to the operations that stay within state lines.

While there’s a common misconception that the regulations only apply to tractor trailers, they actually become applicable for any vehicle with a weight of 10,001 pounds or greater. That means that a heavy-duty pickup truck, such as a Ford F-350, pulling a small axle trailer with a tractor on it must comply with the federal regulations.

The following are Commercial Motor Vehicles fall under the FMCSR regulations whether used for commercial or non-commercial purposes:

• tractor-trailer rigs, 18-wheelers, trucks carrying or hauling over 10,0001 lbs.;
• a vehicle designed or used to transport between 9 and 15 passengers (including the driver) for compensation; 
• a vehicle designed or used to transport 16 or more passengers; and
• any size vehicle used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR chapter I, subchapter C)

In a commercial enterprise, the federal guidelines apply to everyone involved in the operation of the commercial motor vehicle, not just the drivers. Those regulations also apply to dispatchers, managers, hiring managers, trainers and supervisors. Even driver trainees must be in compliance with the regulations.    

“There’s an assumption that when drivers get their commercial license, they have a familiarization with the regulations, but the practical reality of the matter is, that’s not happening.

IS THERE A TIME LIMIT FOR FILING A TRUCKING LAWSUIT IN ALABAMA?

Alabama, like all other states, has a law called a statute of limitation which sets a lime limit for filing different kinds of lawsuits. For personal injury/trucking  cases, the time limit in Alabama is  two years, meaning you must file a lawsuit against any potential defendant within two years of the date of your accident.

(See Ala. Code. Sec. 6-2-38.) If a minor is the injured party, this time limit does not begin to run until he or she turns 19.