Questions & Answers

How do I deal with trucking companies or their insurance carriers after a truck accident?
One thing you have to know is that you are not negotiating on level ground when dealing with a trucking company after an accident. Most trucking companies are highly skilled at auto truck accident investigation and claims practice. These adjusters represent the truck company, not you. Do not give them any type statements or sign any releases for medical records or employment records. Often the medical release allows the adjuster to talk to the doctors without you or anyone being present.

Is my truck accident case any different from a regular car accident?
Yes. Although the same laws of negligence will apply, there are special Vehicle Code sections which apply only to commercial truck drivers and trucking companies and there are special licensing and training requirements of truck drivers.

Are trucking companies regulated by the Federal Government?
Yes. The Federal Motor Carrier Safety Administration establishes rules and regulations which govern commercial motor vehicles and the companies who operate these vehicles. Their stated purpose is to attempt to make the interstate highways more safe.

Does Federal law limit the hours that a trucker can operate his truck?
Yes. Since 1939, Federal law has placed restrictions on the "hours of service" that a trucker may operate his truck. Recent changes have been made to these rules for the first time in over 60 years. These rules are designed to promote safety by helping to ensure that truck drivers are getting the needed rest to operate their big rigs safely.

Are trucks required by Federal law to carry insurance?
Yes. Federal law requires commercial vehicles traveling in interstate commerce to carry $1,000,000 of insurance for bodily injury and property damage. Most State laws also impose minimum insurance requirements on trucks not covered under Federal law.

Is investigation important in a truck accident case?
Yes. It is critical. If the truck was commercially owned, in most situations large trucking companies will perform their own investigation immediately after the accident. This puts you at a vast disadvantage. It is important that you retain an attorney who immediately investigates the case to attempt to pin down liability on any potential at-fault defendants.

Are expert witnesses necessary to prove fault in a truck accident case?
Usually. Unless there is no question that one party was completely at fault, a plaintiff in any serious injury or death case involving a truck should usually retain an expert. Further, that expert should have special expertise in the design, manufacture and operation of trucks and the rules of the trucking industry.