BH&F Blog

Though truck drivers are usually skilled professionals, the pressures on truck drivers to meet schedules and the complexities of driving a large vehicle, like an 18-wheeler, can lead to serious truck accidents. Most of the deaths or injuries in a collision between a truck and a car or motorcycle involve the driver or passengers of the non-commercial vehicle. Truck accident injuries can be catastrophic and can lead to long-term disability. A wrongful death can have a ripple effect on the lives of many, affecting relationships and the emotional and financial well-being of families.

The legal issues relating to truck accidents are complex and some are unique to trucks. The trucking industry is regulated by the Department of Transportation or DOT and by state laws. For example, truck laws impact:

• The number of hours a truck driver can drive at a time
• Maintenance of vehicles
• Truck size and load weight
• Truck routes
• Containment measures and signs, if a truck is carrying toxic chemicals
• Loading and unloading requirements

Failure to obey any of these regulations can play a role in determining fault in a truck accident case and which parties can be sued. It’s usually not just the truck driver—a truck company and truck manufacturer also can be parties to a truck accident lawsuit. The attorneys at Burke, Harvey & Frankowski, LLC have expertise in multi-party cases and in the regulations affecting trucks.

Though it’s difficult to maintain presence of mind at an accident scene, there are some things you can do to protect your rights.

If you are able to, you should identify people who may have seen the accident and get their phone numbers. Tucking a disposable camera into the glove compartment of your car is always a good idea, and if you’re physically able to, you should take pictures of the accident scene or ask a witness to do so.

You may not immediately appreciate that you’ve been hurt and so you should see a doctor as soon as possible even if you feel alright. Notify your insurance company right away but don’t make statements, sign releases or waivers until you get legal advice. In particular, you shouldn’t make statements to representatives of a truck company or the truck company’s insurance provider. It’s not that you shouldn’t be helpful, but issues of fault can involve complicated legal considerations and the accident scene is not usually the place where you can calmly consider all the facts.

Truck accidents can implicate the laws of negligence, personal injury laws, and wrongful death laws, to name a few. You may also find yourself dealing with long-term disability claims and have questions about disability benefits denials.

The attorneys at Burke, Harvey & Frankowski, LLC have expertise in each of these areas and we are here to help. Please contact us today to schedule your confidential consultation.