Truck Accidents 
FAQs

FMCSA and its Program

The Federal Motor Carrier Safety Administration (FMCSA), established a program to record the performance of commercial motor vehicles in December of 2010.

Known as CSA (Compliance, Safety, Accountability), its purpose is to collect intricate data such as safety violations and crash reports in order to determine a commercial carrier’s safety performance.

The FMCSA measures this data into five Behavioral Analysis and Safety Improvement Categories or (BASICs) which are, unsafe driving, fatigued driving, driver fitness, drugs/alcohol use, and vehicle maintenance. The data is then used to compare individual trucking companies, in which they’re provided a percentile from the aforementioned categories describing how safe each company is. Through this data, FMCSA prioritizes each company for interventions such as warning letters and investigation if needed.

 Even though this data proves extremely valuable, there are many arguments against its admissibility.

Proving FMCSA Data is Reliable

An argument that opponents often use is that the FMCSA scores and ratings are unreliable, misleading, and incomplete.

 A 2004 report from the Inspector General found there were four faults with the data, which include: Poor Carrier Census Data, Poor Crash Data, Poor Data on Moving Traffic Violations, and Poor and Inaccurate Data Records. However, the faults of the data found by the Inspector General appeared to be flawed in favor of the trucking companies. In general, the faults consisted of data that was under reported or not reported at all.

 In 2012, the American Transportation Research Institute (ATRI) analyzed the five public Behavior Analysis and Safety Improvement Categories (BASIC). They concluded that “analysis showed with high levels of confidence that BASIC scores are positively related to crashes in Unsafe Driving, Fatigued Driving and Vehicle Maintenance.”

 Acquiring admissions from key employees about the reliability of the data can also defeat objections in the courtroom.

FMCSA Data in Court

 The opposition against FMCSA data can and will argue the fact that courts throughout the country have routinely precluded this evidence. The cases of FCCI Ins. Group v. Rodgers Metal Craft, Inc., 2008 U.S. Dist. LEXIS 81894 (M.D.Ga. Sept. 9, 2008), Frederick V. Swift Transp. Co., 591 F. Supp. 2d 1156 (D. Kan. 2008), and Kemper Ins. Cos. v. J.B. Hunt Logistics, Inc., 2003 U.S. Dist. LEXIS 27574 (N.D.Ga. June 17, 2003) support this preclusions.

 The proponents of the FMCSA data can prove admissibility in court with the evidence. The cases of McLane v. Rich Transport, Inc. 2012 U.S. Dist. LEXIS 127777 (E.D. Ark, 2012), Vanderuser V. Purdy Brothers Trucking, Inc., 2011 U.S. Dist. LEXIS 122039 (D. Va. 2011) and Schramm V. Foster, 341 F.Supp.2d 536 (D.Md. 2004) support its use.

 The opposition cases won primarily because the FMCSA data was non applicable at the time of the infraction. The proponent cases won due to the FMCSA data directly correlating with the infraction.

FMCSA Potential Outcomes

 The FMCSA data can be beneficial or unfavorable against trucking companies. Understanding the current and relevant case law and obtaining important admissions will put the outcome in your favor. Anyone hoping to make the data admissible must prepare for known objections and having a skilled truck accident attorney is paramount.

If you or a loved one have been involved in a truck accident, you may be considering what truck accident attorney in Indiana to hire to help you with your claims. Here are some criteria to keep in mind when deciding which truck accident attorney you should choose:

• You want an attorney with lots of experience in both pretrial and trial experience, including an attorney who has handled many other trucking accident cases.
• Choose an attorney who has jury trial experience. There are special skills necessary in presenting information to a jury, plus such experience can indicate that a firm is not afraid to try cases to get the best possible result for their client, instead of settling quickly for a low ball offer.
• Large truck and bus cases involve special rules and regulations governing the trucking industry, such as the special rules from the Federal Motor Carrier Safety Regulations, which are not necessarily involved in your typical auto accident, so choosing an attorney who specializes in truck accidents can be important.
• Knowledge of these special rules and regulations can also be useful to know in many different points during your case, such as when drafting the complaint, and during written discovery and depositions.
•  You should choose an attorney who can gather the right evidence for you quickly, before it vanishes, for your case, to help you preserve evidence to prove your claims. This can include such things as witness statements, accident scene photography, preserving evidence the trucking company may have with a spoliation set up letter, etc.
• Further, the attorney you choose should be able to engage qualified experts in your case to help determine the causes of your accident and explain such causes in both discovery, and if needed, to a jury at trial.
• Finally, the attorney you choose should have extensive experience dealing with insurance companies, to help you get the best recovery you can under your particular circumstances and set of facts.

FMCSA Regs. Parts 40 and 382 re drug and alcohol use

Unfortunately, the use of alcohol and/or drugs by a truck driver is a common cause of truck accidents.  If you’ve been injured in such an accident where alcohol or drugs played a part, here is some information you should know.

The federal government is well aware of this common cause of trucking accidents, and has issued a variety of federal regulations in an attempt to discourage and limit the use of alcohol and drugs, while driving, for commercial truck drivers. These include both prohibitive rules as well as testing.

Although for those who are over 21 it is legal to consume alcohol federal trucking regulations still prohibit its use, while operating a commercial motor vehicle. A truck driver cannot operate his or her truck in the following situations:

• While using alcohol;
• While having a breath alcohol concentration of 0.04 percent or greater as indicated by an alcohol breath test; or
• Within four hours after using alcohol.

The legal limit of 0.04 percent for driving with alcohol as a commercial truck driver is much lower than the legal limit for those driving regular vehicles, for example.

Additionally, in order to enforce these prohibitions federal regulations establish a stringent testing gauntlet for truck drivers. Under Federal Motor Carrier Safety Administration Regulation 382 the following alcohol tests are required:

• After any accident
• Reasonable suspicion – conducted at the request of a supervisor that has reason to believe that alcohol abuse is a present.
• Random – The number of random tests in a year must equal 10% of the number of driver positions the motor carrier employs. Also the tests must be done in immediate proximity to truck operating duties.
• Return-to-duty and follow-up – A return-to-duty test is conducted when an individual who has violated the prohibited alcohol conduct standards returns to work. Follow-up tests are unannounced. At least 6 tests must be conducted in the first 12 months after a driver returns to duty. Follow-up testing may be extended for up to 60 months following return to duty.

Drug testing follows a similar system of prohibition and testing. The federal regulations prohibit the use of any controlled substances while operating a commercial motor vehicle. Federal Motor Carrier Safety Administration Regulation 382 outlines testing procedures that use urine testing to screen for the following specific illegal drugs:

• Marijuana (THC metabolite)
• Cocaine
• Amphetamines
• Opiates (including heroin)
• Phencyclidine (PCP)

In regard to drug tests, employers are required to conduct a total number of tests that equal 50% of the total number of truck operators that they employ in a one year period.
Unlike alcohol random tests, the random drug tests do not have to happen immediately proximate to the drivers’ operation of their vehicles.

These regulatory safeguards create a significant paper trail that may be used during litigation in accidents involving substance abuse. Although both driver alcohol and drug test histories are confidential, they may be discoverable in litigation if the information is relevant to the facts of the case. Such discovery can provide specific insights into possible negligence on the part of the trucking carrier’s responsibility to monitor and test for controlled substances and the driver’s own personal negligence.

Read Part 2 of Trucking Regulations…

Starr Austen and Miller, specialized truck accident lawyers in Indiana, focus on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in Indiana truck accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

Part 2 in an 8-Part Summary of Trucking Regulations…

FMCSA Regs. Parts 383 and 391 re commercial drivers license (CDL) standards and qualifications of drivers

The federal government readily acknowledges that operating a over the road tractor and trailer is inherently more dangerous endeavor than the operation of a normal vehicle. Therefore, the federal regulations set the bar appropriately high for receiving a commercial drivers license, known in the industry as a “CDL”.

Under Federal Motor Carrier Safety Administration (FMCSA) Regulation 391 an applicant for a CDL must satisfy several general requirements, including the following:

First, the driver must pass a driving or skills test that tests the essential skills, as outlined in the regulation, for operating a motor vehicle of the type the driver expects to operate. That skill test includes at least the following items within the expected class of motor vehicle:

• The pre-trip inspection required by FMCSA regulation;
• Coupling and uncoupling of combination units, if the equipment he/she may drive includes combination units;
• Placing the commercial motor vehicle in operation;
• Use of the commercial motor vehicle’s controls and emergency equipment;
• Operating the commercial motor vehicle in traffic and while passing other motor vehicles;
• Turning the commercial motor vehicle;
• Braking, and slowing the commercial motor vehicle by means other than braking; and
• Backing and parking the commercial motor vehicle.

In addition, the applicant for a CDL must certify that he/she is not subject to any disqualification under the regulations, such as a deficient standard state driver’s license.

Further, before a motor carrier can hire a driver as an employee they must verify that the driver is a qualified driver under the regulations. In order to be a qualified driver a
driver must:

• At least 21 years old;
• Can read and speak the English language sufficiently to adequately understand all traffic signs and to interact with the public and regulatory officials;
• Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;
• Is physically qualified to drive a commercial motor vehicle in accordance with the qualifications set out in the regulations;
• Has a currently valid commercial motor vehicle operator’s license issued only by one State or jurisdiction;
• Is not disqualified to drive a commercial motor vehicle under the regulations; and
• Has completed a driver’s road test and has been issued a certificate of driver’s road test in accordance with regulation standards.

The purpose of these requirements and qualifications is to create a general layer of safety that ensures the overall quality of commercial trucking operation. However, the system is not infallible. Therefore, when dealing with trucking litigation it is imperative to examine the certification of the driver involved in the accident to verify that their certification status was fully complete and up to date at the time of the accident.

Read Part 3 of Trucking Regulations…

Starr Austen and Miller, specialized truck accident lawyers in Indiana, focus on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in Indiana truck accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

Part 3 in an 8-Part Summary of Trucking Regulations…  

FMCSA Reg. Parts 387 re insurance requirements

Just as regular car and truck drivers are required to maintain minimum levels of insurance coverage in order to legally operate their automobiles; operators of commercial trucks must carry a minimum amount of coverage as dictated by federal regulations. However, given their relative size and the inherent danger involved in transporting the commercial items they carry, commercial vehicles are rightly held to a higher insurance requirements than the average car traveling on the road.

Federal Motor Carrier Safety Administration Regulation 387.301 prescribes that no commercial carrier shall receive an operation certificate or permit until they appropriately file surety bonds equal to the minimum levels set forth in Federal Motor Carrier Safety Administration Regulation 387.9.

Additionally, to ensure compliance, Regulation 387.17 mandates that truckers found in violation of these requirements may be fined up to $11,000 per day that they fall to maintain the set surety minimums.

The primary threshold that necessitates the maintenance of elevated levels of insurance coverage is the shear size of the vehicle being used. Under Federal Motor Carrier Safety Administration Regulation 387.9, vehicles that are involved in interstate commerce and have a gross vehicle weight rating above 10,001 pounds fall within the heightened coverage parameters. The gross vehicle weight rating is calculated by adding together the weight of the vehicle itself, along with any passengers and cargo.

After the gross weight threshold is reached, Regulation 387.9 requires differing levels of minimum insurance coverage based on the nature of materials that the commercial vehicle is transporting. The primary concern is whether or not the cargo being transported is statutorily defined as hazardous material.

If the commercial vehicle is transporting nonhazardous property, then the minimum coverage begins at $750,000. From there the coverage increases up a sliding scale, proportional to the level of danger presented by the hazardous material transported, toping out at $5,000,000 for vehicles transporting the most dangerous of materials. If you need to reference this sliding scale it may be viewed in full here. Additionally, the definition and classification of hazardous materials as used in the regulation maybe found here.

When initiating litigation stemming from a trucking accident, the issue of insurance coverage quickly comes to the forefront. Along with the damages that are suffered, the surety level of the carrier has a significant practical impact on the recovery limits in many cases. Of course, there are often several sources of insurance, as well as possible tortfeasors in any given accident which experienced trucking attorneys can help you investigate and evaluate.

Read Part 4 of Trucking Regulations… 

Part 4 in an 8-Part Summary of Trucking Regulations…  

FMCSA Reg. Part 392 re rules of driving, fatigue, schedules

In recent years there has been increased attention given to the fact that fatigued drivers are a danger to themselves and others on the road. Numerous studies have been conducted measuring driver performance when tired, and they’ve suggested that driving while fatigued impairs reaction times just as much as, if not more than, excessive alcohol usage. The risk involved with fatigue drivers is only amplified when introduced into the context of commercial trucking, where you are dealing with extremely large motor vehicles transporting a variety of materials.

The federal government, cognizant of the underlying safety issues involved with commercial trucking, drafted the Federal Motor Carrier Safety Administration Regulations (FMCSA) to take this issue into account.

FMCSA Rule 392.3 states that “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

This regulation creates a blanket deterrent for drivers operating while fatigued. To help effectuate this position the FMCSA regulations also outline an extensive “Hours of Service” system that regulates both the amount of time that an operator of a commercial truck may continuously operate a commercial vehicle, and what level of rest is required before an operator must get before he returns to work. You can learn more about the specific issues that arise out of “Hours of Service Violations” in another article here on this site.

The FMCSA has also attempted to address the issue of driver fatigue indirectly by limiting the way that trucking companies can construct truck schedules. Rule 392.6 states:

No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.

While obviously aimed at limiting general unsafe driving practices, this rule also indirectly addresses driver fatigue by forcing trucking companies to fix realist schedules
that are not dominated by economic motive at the expense of public safety.

While this elaborate framework exists, unfortunately violations are an all too often occurrence. If any evidence from the circumstances of your accident suggests that driver fatigue was an issue you should express that concern to a qualified legal professional.

Read Part 5 of Trucking Regulations… 

Part 5 in an 8-Part Summary of Trucking Regulations…  

FMCSA Reg. Part 396 re inspection, repair and maintenance requirements

What duties do trucking companies and drivers have to maintain their trucks?

Perhaps the core element in the safe operation of commercial trucks is the proper care and maintenance of the vehicles themselves. With commercial motor vehicles often subjected to intense and demanding operations schedules, a professional commitment to equipment maintenance is essential for creating a safe operating environment for both the drivers and the public sharing the highway with them.

Federal Motor Carrier Safety Administration Regulation 396 lays out the basic inspection and maintenance duties that both a commercial vehicle carrier company and driver must fulfill. This begins with the duty of the truck carrier to maintain the vehicle’s vital parts in proper working order. The list of vital parts is long and extensive and can be found here.

Additionally the truck carrier is under a duty to have the vehicle inspected by a qualified inspector, as defined by the regulation, at least once within the last 12 months to ensure
the operation of the vehicles vital parts and to display documentation of that inspection on the body of vehicle. Under the regulation if any defect is found the motor carrier is prohibited to require or allow a driver to operate the vehicle until the defect is repaired or corrected.

As well as the commercial truck company, the individual driver must fulfill a variety of duties to maintain the operational standard of the vehicles he or she drives. Every day of operation the driver of a commercial motor vehicle is required under Regulation 396 to perform a basic inspection of vital components and record the results of his inspection in an official daily inspection log. The items that must be inspected daily include:

• Service brakes including trailer brake connections
• Parking brake
• Steering mechanism
• Lighting devices and reflectors
• Tires
• Horn
• Windshield wipers
• Rear vision mirrors
• Coupling devices
• Wheels and rims
• Emergency equipment

Issues regarding truck maintenance and equipment failure often arise in truck accident litigation. Under the time and economic pressure of shipping schedules drivers have been known to cut corners in maintaining the required vigilance to maintenance inspections. While daily maintenance and inspections logs can be falsified, their existence creates a baseline for investigating the factual circumstances surrounding a case.

Read Part 6 of Trucking Regulations… 

Starr Austen and Miller, specialized truck accident lawyers in Indiana, focus on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in Indiana truck accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

Part 6 in an 8-Part Summary of Trucking Regulations…  

FMCSA Reg. Part 397 re hazardous materials

One of the most dangerous situations that arise out of commercial trucking surrounds the transportation of hazardous materials. Recently, the Federal Motor Carrier Safety
Administration has highlighted the importance of this issue by creating an initiative to reduce the number of trucking accidents involving hazardous materials by 20 percent. The resulting enforcement spotlight has brought this issue to the forefront.

Of course, the beginning of any discussion about the transport of hazardous materials by truck must begin with an understanding of what constitutes a hazardous material. Federal regulations provide a large list of substances that fall within the categorization of hazardous, and rank them according to their inherent threat to public safety. For your reference the general overview of the list may be seen here.

Due to the inherent danger involved in transporting these materials both motor vehicle carriers and drivers must conform to a variety of regulatory duties when dealing with
them. First a driver must go through an additional level of certification, in which he/she must demonstrate a familiarity with knowledge specific to the transport of hazardous
materials.

Additionally, the driver must follow a variety of common sense practices meant to limit public exposure to the threats involved with the transport of hazardous materials. The main driver responsibilities are as follows:

• A motor vehicle which contains hazardous materials must be attended by its driver while the vehicle is within public areas.
• A motor vehicle which contains hazardous materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place.
• No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of motor vehicle that transport the regulatory classes of flammable or explosive materials.
• When a motor vehicle that contains hazardous materials is being fueled its engine must not be operating and the driver must be in control of the fueling process at the point where the fuel tank is filled.
• A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked.

An issue that often comes up in truck accident litigation involving the transport of hazardous materials centers on the motor vehicle carrier’s duty to properly route
the shipments. Under FMCSA regulation 397 a motor carrier carrying hazardous materials shall operate the vehicle over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys, except where the motor carrier determines that such routes have no practical alternative.

Despite the attention paid to these issues in the federal regulations, compliance may be too lax in some instances, especially it seems when accidents have occurred. With time pressure and economic motives pushing decisions unfortunately adherence to the intricate safety and routing measures required by regulation can fall by the wayside. Whenever you’re involved in a trucking accident involving a vehicle carrying such hazardous material such additional issues about compliance with such regulations must be thoroughly investigated.

Read Part 7 of Trucking Regulations… 

Starr Austen and Miller, specialized truck accident lawyers in Indiana, focus on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in Indiana truck accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

Part 8 in an 8-Part Summary of Trucking Regulations…  

FMCSA Reg. re vehicle markings

One of the most fundamental pieces of information any trucking accident attorney must know before he can bring a claim on behalf of his injured client is what parties to name in the lawsuit, and/or what persons or entities to call as witnesses or to gather information from as part of the lawsuit. One of the best places to get some of this information is on the informational markings on the truck(s) involved in the accident itself.

As prescribed in Federal Motor Carrier Safety Administration Rule 390.19 the following information must be displayed on an official marker on each commercial vehicle:

• The legal name or a single trade name of the motor carrier operating the commercial vehicle;
• The identification number issued by FMCSA to the commercial vehicle preceded by the letters “USDOT.”

Every commercial carrier company is required to provide an informational filing to the FMCSA for each vehicle that operates under its authority. This information in the vehicle marking will enable you to begin the process of determining what claims maybe brought against which entities and ultimately where the liability flows in your case.

To aid this identification process the FMCSA also lays out very specific instructions about how these informational markings must be displayed. FMCSA Rule specifies that such informational markings must:

• Appear on both sides of the self-propelled commercial motor vehicle;
• Be in letters that contrast sharply in color with the background on which the letters are placed;
• Be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the commercial vehicle is stationary;
• Be kept and maintained in a manner that retains the legibility.

Being aware of these general requirements for the display of information allows you to
be prepared for the worst in situations involving commercial trucks. When confronted with accident situations when stress and shock can easily cloud and confuse the situation trying to stay calm and collect as much information as possible is always a wise course of action.

This preparedness to gather critical information can be even more important in serious incidents such as hit and run accidents, or side swipes, where your own information gathering may be the only informational link you have to a commercial vehicle. In those cases knowing where to look and what information to write down, to the extent possible in such situations, not only provides to first clues toward liability but the most tangible links to the assailants themselves.

Starr Austen and Miller, specialized truck accident lawyers in Indiana, focus on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in Indiana truck accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

If you or a loved one is involved in a truck accident, you will want to know the answer to “What should I do after a truck accident?”. There are certain actions you can take to protect your legal rights, and also to gather and preserve the most helpful evidence to help successfully litigate your claim against the trucking company.

 Here is a list of some of the actions you should take after a truck accident. Please note, however, that for all actions listed as something to do right after the accident, at the accident scene, we understand that not all these actions may be practically taken. For instance, if you or a loved one are seriously injured it may not be possible to perform some or all of these steps suggested, and instead focusing on you or your loved ones health in such a situation is more important.

 However, in such cases, the more quickly you can contact an attorney the better, once your immediate medical needs have been attended to. This is because the attorney, and the staff or other experts they may hire, can then assist you in the gathering and preserving of evidence before it is lost, destroyed or otherwise harder to collect.

Right after the Accident, At the Accident Scene

• Contact the police as quickly as possible to try to ensure the preservation of the accident scene.
• Request a copy of the police report from the officer(s), or find out from them how to get it later once it has been completed.
• When providing a statement to the police about what happened stick to sharing only the facts. Do not speculate as to what occurred and do not admit any fault.
• Say as little as possible to the truck driver. Even what we would consider to be just social courtesy, like saying “I’m sorry,” can be brought up later in a lawsuit.
• Take pictures with your cell phone or other camera and otherwise observe the accident scene. (Make sure to download a copy of all photos, without deleting any, from your phone soon afterward, to provide a copy for your attorney). Here are some examples of things to observe or to take pictures of:
• Vehicle DOT (Department of Transportation) license number for both the truck and the trailer (these numbers are usually different)
• The names or other identification on the cab and/or the trailer
• Any skid marks made by the truck
• The condition of the truck and trailer’s tires
• Condition of all vehicles involved in the collision

• Gather information from and around the accident scene. Some examples of this information include:
• Truck driver information, such as his or her license and insurance information
• The insurance information for the truck owner and trailer owner (if available)
• Names and contact information of any witnesses
• Names and contact information of any persons taking pictures, or talking to witnesses or persons involved in the collision. (Please note that it is not unusual for trucking company representatives and/or insurance company representatives for the trucking company to be present before the accident scene is even completely cleared. They often will act very nice and helpful, but understand that their loyalties lie elsewhere, and they are not there to protect your interest.)

• Seek medical attention immediately, even if you don’t think your injuries are severe. See “How do I recover medical expenses for a truck accident?”. It is very important at all times, both for any potential claims and also for your health, to be honest about your injuries, neither exaggerating nor downplaying them. See “How do I file a truck accident claim?“.

After Receiving Initial Medical Treatment

• Write down everything you can remember about the accident, including what happened right before, during and afterward, while your memory is fresh in your mind.
• Contact your insurance company to tell them about the accident.
• After you’ve seen your doctor and your immediate family needs are in order, contact Starr Austen & Millerto learn how an experienced attorney can help you.
• Act quickly so that you do not miss any applicable statutes of limitation. See “What is the process for truck accident litigation?“.

When Dealing With Trucking Company’s Insurance Carrier or Legal Counsel

 Do not speak to anyone representing the trucking company, including the trucking company’s insurance provider, without your own counsel present.

• Do not sign anything without legal representation.

Starr Austen and Miller, Indiana truck accident lawyers,  focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in truck accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: TruckAccidentLawyer.com, Truck-Accident-Lawfirm.com]

Here is where you’ll learn about what laws apply to trucking accidents.

 Truck drivers have control of very large and heavy pieces of machinery, their semi or tractor trailers, which because of these characteristics can be very dangerous to other passenger size vehicles and the inhabitants within them. Because of the inherent dangerousness of these vehicles, and because they often cross state lines during the normal course of hauling goods, federal laws have been established, along with individual state laws, for the regulation of both truck drivers and the trucks they drive, and the loads they carry.

 The United States Department of Transportation (USDOT) through its division, the Federal Motor Carrier Safety Administration (FMCSA), has laws in place dealing with many aspects of safety for these vehicles and their operators. For example, all truck drivers who operate vehicles meeting certain criteria must hold a commercial driver’s license (known as a CDL). To obtain this license, a driver must pass both a skills test to demonstrate their ability to handle and maneuver such a large vehicle properly and safely, and a knowledge test to demonstrate their knowledge of relevant rules, safety regulations, and inspection procedures.

 An additional federal regulation relates to controlled substances and alcohol use and testing for truck drivers. For example, this law requires that truck drivers who need a CDL to drive certain vehicles must also undergo mandatory testing for illegal substances. In addition, it provides for a lower legal definition of drunkenness than some state laws.

Finally, these federal regulations affect the hours of service, including the amount of time that a truck driver may drive and/or be on-duty before mandatory rest breaks to reduce the risk of drivers losing focus or control of the vehicle because of fatigue. (See also “What are the most common causes of truck accidents?“). To enforce these rules drivers are required to keep a log book of each 24 hours, in 15 minute increments, specifying when certain actions such as stops, inspections, and driving take place. In substitution for a log book some trucks have electronic on-board recorders, sometimes referred to as a truck’s black box, to record the driver’s hours.

In addition, the USDOT enforces regulations relating to:

• The qualifications of drivers
• The parts and accessories necessary for safe operations
• Inspection, repair and maintenance of trucks and trailers
• Specific rules regarding the transportation of hazardous materials and migrant workers

Some states also have special speed limit restrictions, and restrictions for trucks from driving in certain lanes, for example.

 If you have been in a truck collision you should consult with an attorney or law firm familiar with both federal and state truck safety regulations and laws to investigate whether all regulations were followed prior to your collision or not.

Starr Austen and Miller focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one have been in a truck accident in Indiana, you can contact us for a free consultation to discuss your case.

[Source: Truck Accident Lawyer.com]

If you are injured in a truck accident, you will most likely incur medical bills as a result of treatment. People can recover medical expenses for a truck accident. One of the types of compensation for truck accident claims is recovery of both past and future medical bills for injuries and conditions caused by and related to the accident.

There are certain actions you can take to make it more likely for you to recover your medical expenses from the truck accident. These include the following:

 Seek Medical Attention Immediately After the Accident

Whether you believe your injuries are severe or minor, seek medical treatment right away. This will allow a doctor to assess your medical condition right after the accident and hopefully start you on a road to recovery immediately.

Further, some injuries and symptoms may not show up immediately, or may worsen with time. Others may begin to fade or heal soon after the accident, such as bruising and other wounds. Fully documenting the extent of your physical injuries, through every stage, and following up with all recommended treatment will help you recover damages for all injuries you may have sustained as a result of the accident and will also hopefully help you heal.

Keep All of Your Medical Records and Copies of Bills Received

Once you receive all of your various medical treatments, make sure you keep copies of all medical records provided to you (your attorney or the insurance company will also request some of these directly from physicians), along with copies of any and all medical bills you receive. Please note that with the state of medical office billing these days you will most likely receive several different bills from several providers, even for the same day or visit to one office.

Further, when saving records and bills do not forget to keep receipts, including out of pocket costs, for both prescription and over the counter medications, lab and diagnostic fees, and for devices such as crutches, wheelchairs, canes, and even for physical therapy.

Starr Austen and Miller, truck accident lawyers in Indiana,  focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: Truck Accident Lawyer.com]

If you or a loved one is involved in a trucking accident, because of the inherent dangerousness of these vehiclesyou may have suffered some significant or severe injuries, or had some heavy property damage such as to your vehicle. To recover compensation for these losses may take a large sum of money, more than a typical truck driver may personally have. Read about the types of compensation for victims of a serious truck accidents.

Even though it was the individual truck driver who was involved in the accident, he or she may not be the only person responsible for your injuries and damages. What you, as a truck accident victim should know, is that in many instances the trucking company can be held liable for the damages and required to pay for the damages caused by the truck driver.

In What Instances Can You Hold The Trucking Company Liable?

If the truck driver is an employee of the trucking company, and he or she was driving the truck as a part of his employment when the accident occurred, than the trucking company will typically be held liable for its employee’s negligence, if any.

However, sometimes proving an employment relationship between the truck driver and the trucking company is more difficult, because the trucking company has classified the driver as an independent contractor. In those instances many legal factors must be assessed, along with very specific facts surrounding the relationship between the driver and company, to determine if this classification is in fact accurate, or if the driver is, in fact, an employee. An experienced attorney can help identify the key legal factors and facts to make a determination of the driver’s true characterization to determine if the trucking company can also be held liable in a particular case.

Victims of trucking accidents can suffer severe injuries and property damage, and the compensation needed to recover for those damages can be large. It is typically the trucking companies that have the necessary resources to make a plaintiff whole, either through assets or insurance company policy proceeds.

 Since holding the trucking company liable can be tricky, especially when they attempt to misclassify drivers as independent contractors, instead of employees to avoid liability, you need an experienced attorney to help you get the compensation you may deserve. Starr Austen and Miller, Indiana truck accident attorneys,  focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: Truck Accident Lawyer.com]

If you’ve been in a truck accident you may wonder how to file a truck accident claim to try to receive compensation for your injuries and other damages. Trucking law and litigation can be complex, because it is necessary to understand and know applicable federal and state rules and regulations, deadlines for filing, and which parties to file a claim against. An attorney familiar with trucking law can help you file such a claim.

Here are some important things to remember at all times when filing a truck accident claim:

 Be Completely Honest

There is no need to lie or exaggerate anything when providing information for a claim. In fact, such dishonesty will only end up working to your disfavor because trucking company’s insurance companies and lawyers will hire investigators, gather your medical records, and otherwise fact check basically everything you tell them anyway. That means if they catch you in a lie they will point that out over and over, and it will negatively impact your claim.

 Neither Exaggerate nor Downplay the Extent of Any Injury

Do not exaggerate your injuries in the belief that this will provide you with a larger settlement or verdict, for the same reasons stated above about why it is important to be completely honest.

On the other hand, it is sometimes believed for politeness that you should not complain or discuss your injuries, or just downplay your problems if they are not, to your belief, severe. This is also not appropriate for your claim. Downplaying your injuries will not get you the full compensation that you may be entitled to. Further, injuries come and go with time. Bruises may heal quickly, or what you thought was a slight bump may later turn out to be something more serious. Since you cannot predict the future, go ahead and make note of all your injuries as you experience them, whether you currently believe they are severe or not.

Consult an Indiana Truck Accident Lawyer

When dealing with the trucking company’s insurance company you may be asked to sign certain documents, such as a release. You should not sign any documents until you have reviewed them with an Indiana Truck Accident Lawyer, who can explain their legal significance to you and help you understand what you are signing and its implications for your claim.

Do Not Miss Any Deadlines

The laws and procedures in place require you to file truck claims within certain deadlines, commonly known as the statute of limitations. If you miss filing your claim within this window of time you may be barred from recovering on your claim. This deadline varies depending on the facts of the case, and what causes of action you may file against the trucking company or other defendants. Consult with an experienced attorney who can help review the facts of your case to determine applicable deadlines and help you make sure you do not miss them.

Starr Austen and Miller focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one has been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: Truck Accident Lawyer.com]

Just as when determining the factors affecting what a particular truck accident case is worth, it is important to note that all truck accident claims are unique, and many factors can impact the determination of what is a fair settlement for each individual case.

 If you receive a settlement offer from a trucking company’s insurance company you should consult with an attorney to determine whether this settlement is fair under the circumstances prior to agreeing to it, or signing anything. Often before a truck accident victim retains counsel, the insurance company will give a lowball offer of settlement hoping to conclude the matter quickly and to avoid the potential later larger verdict or settlement that could come if more experienced representation for the victim is consulted.

 Once counsel is hired, they may help you to investigate the claim further, determine additional parties who may share in responsibility, and flesh out additional areas of damages you may not even have considered yet. (See “What are the types of compensation for victims of a serious truck accident?“) Further, counsel can negotiate with the insurance company so you are more likely to get the fair settlement you deserve.

 On the other hand, not every case will receive a fair settlement offer from the defendant. In those instances, you should have an advocate on your side who can continue on with the truck accident litigation process to attempt to get you a favorable verdict at trial. You should choose experienced counsel for your truck accident claim. This is someone who not only has experience in negotiation and settlement of claims, but also in litigating a client’s claim all the way through trial. There is no doubt that settlement of claims can be efficient and effective, but make sure to only settle if a reasonable amount is offered and to continue litigating if necessary to get the damages award you may be entitled to.

Starr Austen and Miller focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. The firm has experience in all aspects of the litigation process, including trials and appeals. If you or a loved one has been in a truck accident you can contact us for a free consultation to discuss your case.

If you or a loved one has been injured in a truck accident, or your loved one has been killed as a result of the negligence of a truck driver, you may be entitled to compensation for your losses. Unfortunately, the legal system cannot bring back health or restore property back to the way it was before the accident. Instead it must rely on pecuniary compensation – money – as a substitute to both compensate victims for financial and also for emotional losses.

Of course, every case is unique and those unique facts and circumstances will determine whether you may be eligible for some or all of these types of compensation listed below. In addition, there are some differences in the types of compensations truck accident victims may receive, depending on whether you were injured or your loved one passed away as a result of the accident.

Types of Personal Injury Compensation

When a person is injured in a trucking accident they can suffer from several types of injuries. Here are some of the most common:

• Medical bills and expenses related to injuries caused by the accident, including those already incurred and for future medical bills if ongoing medical treatment is required. See “How do I recover medical expenses for a truck accident?“
• Loss of income, for inability to work while recovering from injuries related to the accident, and also future lost wages and income if the injuries sustained will continue to prevent you from working, or working as much as you previously could
• Property damage, most typically car repair or replacement costs
• Pain and suffering

Types of Wrongful Death Compensation

The focus in wrongful death cases is to compensate the surviving family for the loss of their loved one. This compensation can take basically two main forms, economic losses from the victim no longer being able to help out the family financially, and emotional losses because the victim is no longer able to care for his or her family.

The types of compensation sought may include:

• Lost future earning capacity
• Medical and funeral expenses
• Pain and suffering
• Loss of companionship (also known as loss of consortium)

There are many factors taken into consideration when determining how much compensation may be awarded for each of these categories. For example, in determining the lost future earning capacity of the deceased, relevant evidence about the victim may include such things as their earning potential, life expectancy, assets, and health at the time of his or her death. Further, in assessing the compensation for loss of companionship factors taken into account may include such things as affection between the loved ones, and parental influence over children. For more information, see “How much is my truck accident case worth?“.

Not only are many factors and facts taken into account when determining potential compensation for those injured or killed in truck accidents, but it can also be very emotionally taxing to consider and discuss these issues. Experienced attorneys can help you get fair compensation for your losses while also helping you through the process.

Starr Austen and Miller, an Indiana truck accident law firm,  focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: Truck Accident Lawyer.com]

Truck accidents, because of their tendency to be more severe than a typical passenger car accident, are more likely to cause significant damages to accident victims. However, each case is unique, and it is very difficult to predict exactly what a particular truck case is worth until lots of information is gathered, not only about the injuries and damages sustained, but also about many other factors such as who is at fault for the accident.

Some of the factors which may influence what your case is worth include:

• The degree of fault of each party involved. For example, if you are determined to be partially at fault for the accident you will most likely not be fully compensated for your injuries, with a reduction in recovery equal to your percentage of fault.

• The severity of the physical injuries suffered, including how long those injuries lasted (or continue to last), and how the injuries impact your everyday life.

• The amount and cost of the medical care required, including surgeries, hospital stays, and also such things as rehabilitation and home care requirements. See “How do I recover medical expenses for a truck accident?“.

• The degree to which your injuries are related to the truck accident. It is often contested between the parties whether the injuries you suffer from after the accident are actually related to the accident or not, or whether they are caused by something else unrelated or because of a pre-existing condition. Typically, expert medical opinions must be provided to show what injuries are, and are not, related to the accident.

• How much insurance coverage the defendant(s) carry. An unfortunate fact is that no matter how severe or extensive your injuries and damages may be, what compensation you can receive for these injuries is dependent, at least to a certain extent, on how much insurance coverage is available to compensate you for your losses.

• When and if the case is settled or goes to trial. Whether the case is settled out of court, before or after a lawsuit has been filed, or must proceed to trial can all effect how much compensation you ultimately receive, if any.

• If the case is decided by a jury, the jury members’ sympathies, prejudices, and perceptions about many different things, from the legal system itself, how they feel about truck drivers, and even the plaintiff and defendant’s appearance may effect the verdict amount, if any, awarded.

See also “What are the types of compensation for victims of a serious truck accident?”

Starr Austen and Miller focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: Truck Accident Lawyer.com]

If you are involved in a truck accident, and have suffered damages, including physical injury, incurred medical bills, lost income, and/or suffered damage to property, you may have a claim against the trucking company, among other parties. Once an accident occurs the trucking company’s insurance carrier will become involved, investigating the claim and trying to talk to you about the case. Although you can deal with the insurance company on your own, the insurance company is not on your side, but instead is protecting its interests and those of its client, the trucking company.  Therefore, it is often better to have an Indiana truck accident attorney on your side helping you protect your rights and interests.

Once you have hired an attorney or law firm, the firm and its staff and other hired experts, will begin the process of investigating your claim, and gathering evidence and information. During this time there may be conversations and back and forth between your attorneys and the trucking company’s insurance company. Eventually, the insurance company for the truck company may offer you a reasonable settlement amount, before a lawsuit must be filed. If you and your attorney believe you’ve been offered a fair settlement amount, then the case can be concluded at that time. For more information, see “How much is my truck accident case worth?“.

However, there are many instances in which such a reasonable settlement offer is not provided, at least at that time, and action must be taken to preserve your rights. It is critical to consult with an attorney about your case since there are deadlines, called statutes of limitations, for bringing a cause of action in court against those who you alleged have harmed you. If you file later than the deadline set by the law you can be barred from ever receiving any compensation for your injuries and other damages.

After a lawsuit is filed even more investigation and fact gathering is typically conducted, by both the plaintiffs side (you) and the defendant (the trucking company and potentially other parties too). This process is called “discovery,” and involves both the exchange of documents and other physical evidence, and also written and oral questions of key participants in the accident, or about topics related to the events before, during and after the accident, including the damages you sustained.

At any time after a lawsuit is filed, and including during the trial of the case, your case may be settled if both parties can agree to a reasonable settlement amount. However, if both sides do not agree to a settlement the case will eventually go to trial. Depending on many circumstances your case may be decided by a judge (known as a bench trial) or a jury (known as a jury trial). If your case is decided by a jury, the first step in the trial process is jury selection. Then, in both bench and jury trials both sides, plaintiff and defendant, provide opening statements, then each side presents evidence, and then closing arguments. Finally, if the jury is deciding the case it will deliberate, and then reach a verdict. Finally, either the judge or jury, whoever is deciding the case, if they find for the plaintiff, will determine a verdict amount. This amount will represent how much money they believe you are entitled to compensate you from your losses from the truck accident.

Truck accident litigation can be quite lengthy and also very complicated. You need to hire an Indiana truck accident attorney, or law firm, who is familiar with trucking litigation in your state, and has experience in this area. Starr Austen and Miller focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one has been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: Truck Accident Lawyer.com]

With semi trucks being dangerous for other drivers and passengers, the industry is regulated on both the state and federal level. As part of that regulation trucking companies and drivers are required to fill out certain paperwork and keep certain documents to show their compliance with these regulations. Often this paperwork, and other documents that the trucking company may have, can help prove a plaintiff’s claim, such as by showing that a driver had hours or service violations, that could show driver fatigue, or records showing the truck was not properly maintained, for example.

Whenever an accident occurs it can be important to contact an attorney as soon as practical, for several reasons. One of those reasons is that plaintiff’s counsel will often, when appropriate, send the trucking company what is known as a “spoliation setup letter” which is meant to ensure that none of these documents are destroyed or discarded by the trucking company.

What Is Spoliation Of Evidence?

The term “spoliation of evidence” is a legal term which means that a party either destroyed, or failed to preserve, evidence that was related to and necessary as part of contemplated or pending litigation. Once the evidence is gone you obviously can’t get it back, so in certain situations, when a court determines the spoliation was done in bad faith and has prejudiced the other party’s case certain sanctions or evidentiary presumptions may be imposed.

How Common Is Spoliation?

There have been instances where defendants have shredded or altered documents. However, a more common issue is defendant throwing out papers when the minimum amount of time has passed for document retention under regulations, claiming they did not realize the information would be relevant in threatened or pending litigation.

The minimum about of time under the Federal Motor Carrier Safety Regulations for retaining document may, unfortunately, be shorter than what is even needed to file or complete some trucking accident litigation. Therefore, explicitly requesting that the company retain certain documents relevant to the trucking accident in a spoliation set up letter can ensure there is no argument that the trucking company did not realize what they were throwing away was important to the issues in the case.

Documents Both Plaintiffs and Defendants May Need To Retain That Aren’t Necessarily Obvious

Although most commonly it is a defendant who is accused of spoliation, there are times when trucking accident victims inadvertently may harm the ability to prove their own case by throwing away or not retaining certain documents or physical evidence relevant to the trucking accident. In addition, as technology has advanced so rapidly more data can be gathered from these devices that can help prove the plaintiff’s case from both defendant and plaintiff’s electronics records.

An experienced attorney can help plaintiffs ensure they keep all the right kinds of paperwork themselves and request and properly analyze all electronic data from defendant or from plaintiff’s own electronic equipment. Here are some examples of documents or technology that may be appropriate to keep or examine, depending on the circumstances of the case, that are not always considered by plaintiffs:

• Vehicle(s) involved in the accident, to be retained for inspection, or a chance for inspection, prior to vehicle being repaired, or scrapped if totaled (attorneys will often work with insurance adjusters to ensure this issue) – this can include electronic data from the vehicle’s airbag control module, electronic control module, or a truck’s “little black box”

• Data from GPS units, such as those built into or placed in the vehicle or in a smart phone – this data can be invaluable in reconstructing an accident

• Cell phone records, to show texts or calls around the time of the accident

Starr Austen and Miller focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one has been in a truck accident you can contact us for a free consultation to discuss your case.

Anytime there is a truck accident one of the first things an attorney will try to determine is whether the truck driver had any hours of service violations at the time of the accident, to see if he or she was possibly too fatigued to be driving.

When there are violations this can give rise to an inference that fatigue was a factor in the cause of the accident, which can help prove liability against the defendants in the trucking accident litigation.

The Federal Motor Carrier Safety Administration (FMCSA), which is part of the Department of Transportation, is the agency which governs the hours that can be worked by commercial motor vehicle drives while going through interstate commerce. One area of regulation is the hours of service (known in the industry as HOS) a driver can drive, and be on-duty on a daily and weekly basis before resting between shifts.

As part of determining the hours of service each driver has, they are required to keep track of the following types of time:

• On-duty time (which includes both driving time, and also time waiting to be loading, and unloading, for example)
• Off-duty time
• Driving time
• Sleeper berth time

There are different regulations in place for property-carrying vehicles versus passenger-carrying vehicles. In addition, the regulations change periodically, as practically at all times some group or another is petitioning to change them, either arguing they are too lax or too strenuous. An experienced trucking accident attorney will be familiar with the main rules, exceptions and ins and outs of these safety regulations, and which regulations apply to each situation.

Reason for Hours of Service Regulations

It is no secret that driving while fatigued can be dangerous for the driver himself but also for others on the road. This is especially true since commercial truck drivers control vehicles which are so large and heavy.  That is why the HOS rules are in place – to protect the drivers and public from the dangers of driving while excessively fatigued.

Unfortunately, the enforcement of the HOS regulations relies on self-reporting of the hours driven or on-duty versus off. For monetary gain either the truck drivers or the trucking companies have been known to fudge or forge these records to make them appear they’re complying when they’re really not. An attorney must, therefore, explore in the investigation of any accident whether HOS has been violated carefully.

Paper Based Logs Versus Electronic On Board Recorder Systems

There are two ways truck drivers may keep track of their hours. The first and older method is to use a log book. Below is a picture of a sample log book entry form, which shows how the driver is to keep track of every 24 hour day in 15 minute increments showing when he or she was driving, on-duty, off-duty, or in their sleeper berth.

The second method uses an electronic on-board recorder (EOBR) to keep track of actual driving time, and then the truck driver only needs to report on-duty and off-duty additional time with a paper log.

Signs to Look For In Determining Hours of Service Violations

Unfortunately, it is not uncommon for drivers to violate the HOS regulations. Sometimes these violations are apparent on the face of the log book itself. Other times an attorney must dig deeper to figure out that violations have occurred because, as you can imagine, the paper log is much easier for someone to alter if they are interested in driving more hours than allowed by HOS regulations. Of course, drivers may under-estimate their on-duty time even with EOBR too.

Some ways to try to determine if log books have been altered or fudged with low estimates of time driving or on-duty, for example, include the following:

• Comparing both the original and carbon copy of each page of the log book
• Compare the logs to dispatch logs
• Compare the logs to bills of lading
• Compare the logs to trip receipts
• Compare the number of miles stated in the log book to the amount paid during the same period for number of miles driven

To do all these comparisons, it is important to have access to as many different types of records as possible. Unfortunately, many of these log books and other documentation may get lost of go missing the longer the time period between the accident and an attorney being contacted.

To try to avoid this attorneys, will often, in appropriate cases, send a spoliation set-up letter to a trucking company soon after an accident putting them on notice to keep all of these vital documents, and reduce the likelihood of losing access to them for the litigation or settlement discussions.

Starr Austen and Miller, specialized truck accident lawyers in Indiana, focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in Indiana truck accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

Related Links:

https://starrausten.com/practice-areas/truck-accidents/

https://starrausten.com/resources/what-are-the-most-common-causes-of-truck-accidents/

The large size and heavy weight of tractor trailers are two of the critical factors that make these vehicles more dangerous to those around them than many other things on the road. This is made very clear when you look at some of the most chilling statistics provided by the United States Department of Transportation (USDOT) about trucking accidents.

• There are approximately 500,000 truck accidents each year
• From these accidents, there are approximately 5,000 deaths each year
• Only about 2% of the truck collision fatalities each year are truck drivers, and the other approximately 98% are the individuals in passenger vehicles, or non-occupants such as cyclists and pedestrians
• One in eight traffic fatalities involves a truck collision
• In 2008, for example, 68% of all fatal truck accidents occurred in rural areas
• In 2008, for example, 66% of all fatal truck accidents occurred during daylight hours
• In 2000, commuters lost 98,000 hours nationally due to congestion caused by trucking accidents

Since trucks are found almost everywhere, in both rural areas and cities, and during the day and night, you are almost sure to encounter one almost every time you drive or ride in a car, or even while cycling or walking somewhere. Such encounters, as shown by these statistics, are much more dangerous for you than for the truck driver. This is because the same size and weight which make trucks dangerous to you protects the truck drivers from much harm.

When a truck is involved in a collision its size and weight not only make more severe injuries more likely, but in addition can cause larger amounts of property damage to vehicles or other structures.

Starr Austen and Miller, a truck accident law firm in Logansport, Indiana,  focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one have been in a truck accident you can contact us for a free consultationto discuss your case.

[Source: TruckAccidentLawyer.com]

The issue of whether the truck driver who you were involved in an accident with is an employee or an independent contractor of a trucking company is quite important for determining whether you have the right to sue, and potentially recover damages only from the truck driver himself or also from the trucking company.

Not surprisingly, trucking companies often like to call their drivers “independent contractors” because then there is often no imputed tort liability and they are not legally responsible for the actions of the drivers. The law knows that this classification is an advantage to the trucking companies, so they don’t just take the company’s word for it, but instead there are many factors involved in making a determination of whether a particular truck driver is, or is not, really an employee of the trucking company.

Some Factors Considered For Whether a Truck Driver Is an Employee or Independent Contractor

There are many factors involved in making a determination of whether a particular truck driver is an employee or independent contractor of a particular trucking company. These factors have to be applied on a case by case basis, and there are many gray areas where one factor points one way, and another factor points in the opposite direction. That is why hiring experienced trucking accident attorneys can be so important, to help sort this information out.

However, here are some factors courts typically look at in making the determination:

• The trucking company’s “right to control” the details of the driver’s work performance (whether exercised or not)
• Whether driver can set own hours for work or not
• Whether driver can decline certain loads or jobs
• Whether the driver or the company establishes routes
• How the truck driver is paid, whether hourly, weekly, by the mile, percentage of gross revenue, etc.
• Whether the driver can contract with other trucking companies also
• Whether driver must wear a uniform
• Whether driver must adhere to company standards and/or attend safety meetings required by the company
• Whether driver must return the equipment to the company at the end of each day or may keep it at his home or wherever else he chooses
• Wording in the contracts between the driver and trucking company

Motor Carrier May Be Held Liable for Owner-Operator’s Actions When “Under Dispatch” Even Though an Independent Contractor

Even when a truck driver is determined to be an independent contractor there are certain instances where the trucking company may still be liable for his or her actions. This is based on federal regulations which impute liability on a trucking company when a truck driver (owner-operator) is “under dispatch” of, and working under the operating authority of the motor carrier (trucking company). There are many gray areas surrounding when a driver is “under dispatch” or not, and an experienced truck accident attorney can help determine whether this exception applies in a particular case.

Starr Austen and Miller focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one has been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: The Brief, Fall 2011]

Although the saying goes, “accidents happen,” there are typically causes for these accidents, many of which may not be your fault. Each trucking accident, like any type of accident, is different and unique. However, there are some very common causes of truck accidents, which can be put into a couple of categories.

 1. Failure to Follow Rules Of The Road, Including Speeding

 Just like with any other vehicle collisions, when drivers fail to follow the rules of the road, including speeding, accidents can occur. What makes speeding so particularly dangerous for big trucks, however, is the fact that they are so large and heavy.  This means they cannot brake as quickly and when a collision with such a large and heavy object occurs at a high rate of speed the damages and injuries are more likely to be severe.

Typically the rate of speed at which the truck was traveling, along with how, when, and if the truck attempted to brake, is a potentially important piece of information in truck accident litigation. Often some of this information can be found both by the investigation of the crash scene, from police reports, and also from a device called the truck’s “black box,” which is found in the tractor. Often attorneys will engage an expert to download and explain the data from this device.

2. Driving While Fatigued

Truck drivers make their living driving, and as such they or their employers may want them to work, i.e., drive, as much as possible. However, if you’ve ever driven while you are very tired, or for too long of a period, you will know that fatigue makes it much harder to concentrate and drive safely. Therefore, there are regulations and laws in place, both on the federal and state level, for how long a truck driver can be behind the wheel driving, and/or engaged in on-duty work for the trucking company within certain periods of time.

The driver is supposed to keep track, in a log book, of both on-duty non-driving hours, on-duty driving time, and off-duty time to make sure he or she complies with such regulations. Further, an employer can be held liable for allowing or requiring drivers to drive more than allowed by the regulations. Whenever a trucking accident occurs attorneys will typically examine this log book to make sure the driver complied with all regulations and was not driving more than allowed, which could easily contribute to accidents. Learn about the laws that govern truck accidents here.

3. Substance Abuse

As we all know, it is unsafe to consume too much alcohol, or any illegal drugs and then drive. This is, of course, especially true of truck drivers because the vehicles they operate, because their large size and weight make them more dangerous for passenger cars anyway. Therefore, federal law lowers the legal definition of drunkenness for these drivers to a lower limit.

In addition to problems with driving while intoxicated truck drivers, because of the nature of their work, may also resort to the use of illegal drugs to try to improve their concentration and focus for long hours of driving, and to stay awake. There are laws and regulations requiring truck drivers to have a substance abuse screening before they are hired, and many trucking companies also periodically require these screenings during employment. If, however, after an accident a truck driver is tested and found to have illegal drugs or other substances in his system this can be additional evidence of liability against both the truck driver and his or her employer.

4. Improper Inspection or Maintenance of the Truck and Trailer

Proper maintenance of any vehicle is important, and will generally increase safety on the road for the vehicle and those around it. However, just like many other things, this proper maintenance and inspection is even more important for the truck and trailer because of the size and weight of the vehicle, and because of the long distances it typically is driven. Further, there is a legal duty to prevent any known hazards on the roadway, so inspection and maintenance is generally required as part of fulfilling that duty. Typically trucking companies have very specific inspection procedures that they require their driver to perform before hauling a load, or even after beginning to drive again after each stop. When these inspections are not performed properly, and an accident occurs a trucking company may be held liable.

5. Loading the Trailer Improperly

As discussed previously, trucks are very heavy, which is one reason they are more dangerous than many other vehicles out on the road. A lot of the weight from trucks is often in the trailer, which is what hauls its load. When a trailer is not loaded properly it can adversely affect the handling of the truck by a driver, or even cause the trailer to tip, both of which can cause an accident.

Starr Austen and Miller, specialized truck accident lawyers in Indiana, focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in Indiana truck accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: TruckAccidentLawyer.com]

Semi trucks fulfill a vital role in this country’s economy, and its transportation system, so they are almost everywhere you look while you are driving. With the sheer number of trucks on the road it is no wonder that accidents involving tractor trailers happen quite frequently. In fact, there are over 500,000 accidents involving a truck and other trucks or other vehicles each year, with approximately 5,000 fatalities as a result. That means that every 16 minutes, approximately, in this country, someone is either injured or killed in an accident with a truck.

There are differences between collisions involving regular passenger vehicles and those involving large trucks. Because tractor trailers and semi trucks are so large, and may also carry large and heavy loads, when collisions or other accidents involving them occur they can result in serious injury, or even death, along with large amounts of property damage.

There are several things about trucks which make them potentially more dangerous than other types of vehicles on the road, including their:

• Large size
• Heavy weight
• Cargo that they may carry

There is no denying how large semi trucks on the road are, especially in comparison to regular sized passenger vehicles. Did you know that these trucks can weigh up to thirty times as much as a passenger vehicle? This large size and weight, because of physics, impacts how quickly a truck can accelerate, brake and even maneuver. These actions can be critical in avoiding or causing a collision.

Further, because of the large weight and size of tractor trailers and semis, when they are involved in a collision with a smaller size vehicle, those occupants of a passenger vehicle are at more risk of getting serious injuries, such as those involving the head or spinal cord, or even causing death. On the other hand, the same size and weight that causes passengers in smaller vehicles around the truck to be in more danger, typically protects the truck drivers. Of the approximately 5,000 fatalities per year caused by truck accidents, 98% of these victims are occupants of the passenger vehicle, not the truck itself.

The large size of trucks also causes danger for passenger vehicles because of blind spots, also known as “no-zones.” These blind spots are large areas, on both sides of the truck, where it is difficult for the truck driver to see the vehicles surrounding the semi. Further, the cargo carried by these trucks is typically carried in trailers, which, because of their large size and weight, can tip, separate from the truck, or spill their contents onto the road all of which can cause serious dangers for vehicles around them.

All of the dangers of semis and tractor trailers listed above are inherent to the trucks themselves, based on their size, shape and contents. However, these large vehicles become even more dangerous to the passenger cars around them when they are driven during dangerous driving conditions, or when the truck driver acts negligently. Then, unfortunately, these trucks become even more unsafe to the passengers inside the cars around them. Learn about the most common causes of truck accidents here.

Starr Austen and Miller, an Indiana truck accident law firm, focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one have been in a truck accident you can contact us for a free consultation to discuss your case.

[Source: Siegfriedandjensen.com]

GPS units can be found on many things these days, and the business world is just beginning to think of all the possibilities for how to use the information that these little tracking devices can provide. Of course, a side-effect of having GPS units track the movement of goods in transport is that when a truck accident occurs this information may provide useful information to determine what exactly happened at the time leading up to, and during the accident. This “hard data” can take away some of the uncertainty of “he said, she said” testimony that is typically relied upon in truck accident litigation.

Trailer Tracking Using GPS

Truck companies have begun adding GPS units to their trailers (and also to some trucks), in a process called “trailer tracking.” The business purpose of truck and trailer tracking is to improve productivity. There is no mandatory requirement to have these systems installed, but with time more and more companies are adopting this practice.

The leading company making these trailer tracking systems is Qualcomm, which makes an OmniTRACS system which is a two way satellite communications and geolocation system. When a trucking company, using Qualcomm or another company’s technology, decides to track trailers they attach a small GPS device to either the truck (to track where the driver is going) or to the trailer (to track where the cargo is going). A signal is sent from the device providing a stream of data which is preserved typically at the headquarters of a remote tracking company.

Useful Information Provided By GPS Tracking Systems

Relevant information and data that can be provided from these GPS systems include the location of the trailer or truck at various times. Depending on how often the information is captured (15 minutes, 30 seconds or 1 second intervals, for example), it can also tell the speed a vehicle was going at a certain point in time.

In addition, the GPS tracking data can provide an accurate and progressive record of location and time for the truck’s route. This could be helpful in showing Hours of Service (HOS) violations, or whether the truck was on its actual dispatch route, for instance.

Further, GPS tracking data can often be combined with additional technological evidence, such as cell phone records or video camera surveillance footage to prove a fact even more conclusively. This could include, for instance, data to show that a driver received a distracting cell phone call at the time of the accident.

Sometimes Two or More GPS Tracking Systems Can Be Utilized

One of the main ways to get GPS tracking information related to vehicles in an accident is through the trailer tracking system, but that is not the only one. Truck drivers and passenger vehicle drivers may also have their own separate GPS tracking systems. These can include the most obvious ones like On-Star, Garmin, and other electronic devices used to help people with driving directions. In addition, it can include GPS tracking enabled on many smart cell phones.

Multiple GPS tracking systems can be helpful in accident reconstruction since it may show different data for the same accident, from several different perspectives or time-tables. The reason for this is that not all GPS tracking systems capture data in the same interval. For example, if one GPS unit only tracks every 15 minutes it may give you a good idea of the route the driver took, and his average speed, but not the actual speed or location he was going at the time of the accident. Since there is less data, however, you will most likely be able to get it for a longer period of time, such as several hours or even days prior to the accident.

On the other hand, some GPS tracking systems track data every second, which can help immensely with second by second accident reconstruction, to know the location and speed of the vehicle. On the other hand, with so much data to save most likely only a short time span will be recorded, perhaps a few minute window only. That means any critical information outside this short time period will not have been captured.

GPS Unit Tracking Information Often Erased or Discarded So Must Act Quickly After an Accident to Preserve It

GPS tracking data, by its very nature, is often erased intentionally or not. As mentioned above some units, especially those used in trailer tracking devices, transmit their information to a tracking company as the information is gathered. In such situations steps must be taken to gather this information before the company erases or disposes of “stale” information.

In addition, with personal devices often the data is saved directly into the memory of the device itself. These items have a limited storage capacity and are programmed to overwrite older information. The more detailed the information collected, and the more often it collects data the shorter the interval will be which is collectible. After an accident it may even be necessary to stop the device from doing additional recording in order to preserve the data on it until it can be downloaded by a professional.

This is one reason it is critical to contact an attorney as soon after a truck accident as possible, to make sure this type of critical information is properly saved from destruction and can be utilized if needed by the parties. This may involve such steps as sending a spoliation set up letter to the trucking company requiring them to save this information. This is especially important because there are virtually no Federal Motor Carrier Safety Regulations regarding the retention of these GPS tracking system records.

Evidentiary Issues Regarding GPS Tracking Systems

Even after such information is preserved it must be discovered in litigation, and then potentially used at a trial of the action. Typically, GPS tracking information is discoverable since it meets the loose definition of relevancy for discovery purposes. However, it will be up to an attorney to argue why the information meets the higher standards of relevance at a trial of the matter, showing the information has probative value for the contentious issues between the parties.

Typically, because the data is in raw form when received, an expert must be used to interpret it. This typically includes having the expert show, on maps and photos, what the location information from the GPS system shows. In addition, the same or a different expert will be needed to describe the GPS system, its accuracy and any other information necessary to show its relevancy to the issue at hand.