Involved in an Accident with a Tractor Trailer? What should you do?

We assume and rightly so, that when we’re driving out on the highways, all the tractor/trailers, big rigs, 18-wheelers and other commercial trucks traveling along side us are being driven by qualified, sober, well-rested and well-trained drivers.  Companies are duty-bound to hire capable individuals, train them, and supervise them.  Too often, however, it is the truck driver who is at fault when a truck accident occurs, and frequently, the motor carrier for whom the driver works or who has leased the driver is held primarily responsible. 

Like the driver of a passenger vehicle, a truck driver may be held liable for an accident if he was driving negligently, i.e., failing to follow the rules of the road.  If, for example, he was driving too fast for conditions, following too closely, not signaling, not checking mirrors when changing lanes, etc., he is driving negligently, and, therefore, at least partially at fault for the accident.   

In addition to the typical reasons for accidents as indicated above, truck drivers also have and cause accidents for some reasons outside of those for drivers in general. These are fairly common in the trucking industry:

•    Fatigue and/or working beyond standard hours;
•    Failure to carefully monitor truck's numerous blind spots;
•    Failure to leave adequate space between vehicles;
•    Truckload is not properly secured, and loose cargo causes accident;
•    Aggressive or reckless driving including speeding to keep on schedule;
•    Driving under the influence of drugs or alcohol, often drugs to keep awake

A driver may also be responsible if he failed to follow the federal regulations for the trucking industry set out in the Federal Motor Carrier Safety Administration (FMCSA).  The FMCSA covers issues of driver qualification and disqualification, as well as hours of service regulations, and inspection and maintenance of vehicles, all of which may come into play in any given accident.  Ignoring or violating these regulations may expose the driver and everyone else on the road to danger.  It potentially exposes the driver and the motor carrier to liability for damages caused to people and property.

Drivers must meet specific licensing and other rules to be qualified to drive a commercial motor vehicle.  If a driver is not qualified or has become disqualified to drive, both he and the company for whom he is driving will be responsible and may not only be civilly liable, but may be found criminally liable, as well.  If the driver is driving longer than the maximum hours of service set out in the regulations, for example, both he and the company will be to blame if it can be shown that driver fatigue, the most common cause of truck accidents, was a contributing factor in the accident.

If you or a family member is involved in an accident with a truck, it is imperative that you contact a truck accident attorney.  An accident with a big rig is different from an accident with a passenger vehicle because of the stricter laws involved.  An attorney’s knowledge of and experience with the laws regarding the trucking industry will be instrumental in bringing a successful conclusion to your case.  Although the laws are uniform throughout the country, some states’ regulations go further than the federal rules, and some company policies go even further than the laws.  Your attorney’s investigation will determine whether there were any violations of these rules as well as what the cause or causes of the accident were and who is responsible.