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More Than One Party Can Share Responsibility

In a typical car crash, the question of fault usually stops with the two drivers. Truck cases often reach further. These kinds of accidents could involve a wide array of liable parties, including the trucking company, the cargo shipper, the cargo packer, and even the brake service shop. The liability determination process usually begins with the cause of the crash.

That web of companies is one reason so many personal injury practices treat truck wrecks as their own category. According to the law firm website https://www.williamswalshandoconnor.com/, fault in a truck crash can rest with the driver or the trucking company, and common causes include driver fatigue, unsecured loads, and defective equipment. The site also notes that driver logs, black box data, and maintenance records can be lost if no one preserves them quickly.

The First Hours Count

Evidence after a truck crash can disappear quickly. Skid marks fade, the tow truck hauls the rig away, and witnesses drive off without leaving a number.

When one has the energy to spare after the collision, collecting photographs of the accident scene helps preserve evidence. Photograph both of the involved vehicles, and include the company name, logo, and USDOT number located on the cab of any involved commercial trucks. The road conditions around the accident scene should also be documented.

Just like obtaining a copy of a police report, prompt medical care is another thing that should not be overlooked. In many cases, injuries involving the head, neck, and back may not show up immediately, even after an initial medical exam. This particular situation can create potential disputes if a person waits a couple of days before their first visit to a doctor.

Federal Rules Leave a Paper Trail

Interstate truck drivers work under federal limits that car drivers never think about. The rules governing the hours a property driver can work in the United States come from the Federal Motor Carrier Safety Administration (FMCSA) and include restrictions that mandate truckers cannot work for more than 11 hours behind the wheel. After those 11 hours are complete, a driver must take 10 consecutive hours off of work. These drivers must also complete their work day no later than 14 hours after commencing their day and must take a 30-minute break after eight cumulative hours of driving without one.

Driver log books, receipts from buying fuel and paying tolls, and pings from GPS devices can show whether the rules and the schedule were followed.

Federal rules for commercial drivers include being tested for alcohol and drugs after some crashes. The driver must be tested after fatal crashes, even without a driving citation.

Testing is also required after certain injury or tow-away crashes if the driver receives a citation for a moving violation arising from the accident. The citation must be issued within eight hours for alcohol testing or 32 hours for drug testing.

Insurance and the Calendar

Truck crashes usually involve commercial insurance policies. Sometimes, several of them happen all at once. The motor carrier, the trailer owner, and a cargo company may each carry separate coverage. In that case, each insurer is responsible only to its own client.

Every state sets its own deadline for filing an injury lawsuit. In many states, this deadline starts on the day of the crash. Some trucking companies don’t keep all their records, videos, and logs forever, so records can be lost after a certain time.

Those who are best prepared for a truck accident claim tend to keep careful records of all relevant documents, seek prompt medical care, and know exactly which trucking companies were involved in the collision.