An accident involving a truck is not simply a car accident case on steroids. There are significant differences between the two, and not appreciating the differences can victimize you a second time.
An accident involving a truck immediately involves the Federal Motor Carrier Safety Regulations (FMCSRs). These Regulations obligate truck companies to maintain extensive records. The records encompass details about the operation and maintenance of the truck, as well as details about the driver. Because many tractor trailer trucks have Gross Vehicle Weights (GVW) of up to 80,000 lbs., the injuries sustained in a crash with a tractor trailer are often catastrophic, life altering and even fatal. Understanding these differences is critical for anyone injured in a collision with a tractor-trailer. A Hartford, CT truck accident lawyer can help injured victims navigate the unique legal and regulatory issues involved in commercial trucking collisions, including preserving critical evidence, investigating potential FMCSR violations, and identifying all parties that may be responsible for the crash.
The FMCSRs require the trucking company to maintain records pertaining to the driver’s hours of service and qualifications, the background check of the driver, any drug and alcohol testing, vehicle inspections and maintenance. Sadly, all too often, violations of the safety regulations play a crucial role in why the crash occurred in the first place.
Most trucking companies have access to enormous amounts of electronic information, including GPS tracking, “Black Box” data, dash camera footage and Electronic Logging Device records which records the driver’s Hours of Service, Driving Time, on-duty as well as off-duty time, duty status changes and records the total hours worked in a day or week. The Federal Motor Carrier Safety Regulations limit the number of hours a driver is legally allowed to drive before resting. Through the Event Data Recorder, Engine Control Module, and Telematics system, data is captured for date and time of vehicle movement, GPS, miles driven and engine hours. Available electronic information can help establish whether the driver was over-worked, fatigued, distracted, as well as whether he was where he claimed to be, and how long the truck was in operation before the crash. Often of utmost importance, evidence of vehicle speed and braking activity is recorded.
As you can clearly see, the federal regulations as well as the enormous amount of electronic information available in a crash involving a tractor trailer accident is significant, and of utmost value and importance. However, the electronic information is often lost or overwritten. It is imperative that the lawyer immediately serve a preservation letter on the trucking company, the truck driver, as well as the trailer owner and freight broker.
Because of the risk of devastating injuries suffered including death, the required insurance limits in place for tractor trailers is large. It is common for trucking companies and/or their insurance companies to have in place an Emergency Response Team who immediately report to the scene of the crash, often prior to the vehicles being towed. The financial stakes are much higher than in a typical car crash case. A truck crash case requires the lawyer to have a different level of understanding of the federal regulations, the existence and need to preserve all electronic data as well as fully understand the catastrophic injuries involved.
From the initial investigation of all preserved and produced information to the actual trial of the case, if necessary, a truck accident case is not a car accident case just on a larger scale. The Federal Regulations are in place to ensure corporate safety on behalf of the trucking companies. When the trucking companies ignore the regulations meant to keep us safe, you need an experienced trucking lawyer to get you all of the justice you deserve for what was taken from you. If you or a loved one has been seriously injured in a collision with a commercial truck, contact Nugent & Bryant for experienced legal guidance. Our team understands the complex federal regulations governing the trucking industry and is prepared to thoroughly investigate your case, hold negligent trucking companies accountable, and fight for the full compensation you deserve.
