A commercial vehicle accident attorney is essential because these cases are governed by complex federal regulations, including DOT hours-of-service and vehicle inspection rules, which enable a lawyer to prove negligence and identify all liable parties beyond the driver, such as trucking companies or maintenance providers.
Commercial motor vehicle accidents are different, and not just because those larger, heavier vehicles tend to do more damage. When you’ve been injured in a truck crash, a seasoned commercial vehicle accident lawyer is required because they possess knowledge of many specialized aspects that don’t apply in standard passenger vehicle accident cases. When you consult an experienced truck accident attorney at Harrell & Harrell, you can rest assured that they have the knowledge necessary to build the strongest possible case on your behalf.
What is a Commercial Vehicle?
When you think about commercial trucks, the first thing that springs to mind is probably a semi truck or a tanker truck–18 wheelers or large trucks carrying hazardous materials on the interstate. In fact, a commercial vehicle may be a cargo van operated by a construction worker, the UPS delivery truck, or a delivery truck from a local furniture store, or any of many other types of vehicles used in conducting business.
Why are Commercial Vehicle Accident Cases Different?
The laws and regulations that are relevant in your commercial vehicle accident case may vary depending on issues such as the type of vehicle, the type of licensing the driver requires, whether the driver is an employee or independent contractor, and other factors. For example, while motor vehicle accident cases are typically filed in state courts under state negligence laws, federal regulations often play a role in commercial motor vehicle crash cases. A violation of a federal regulation may form the basis of a negligence claim.
Because these issues don’t arise in the typical car accident case, not every injury lawyer is equipped to effectively manage a commercial truck accident claim. When you consult an experienced truck accident attorney at Harrell & Harrell, you can rest assured that they have the knowledge necessary to build the strongest possible case on your behalf.
Regulations Impacting Commercial Motor Vehicle Cases
Of course, every commercial motor vehicle accident is different, and different state or federal regulations may be key to pursuing compensation. Some of the regulations that commonly arise include:
- DOT hours in service regulations, which limit the number of consecutive hours some commercial drivers can work and mandate rest periods of a specific length before hitting the road again
- Vehicle inspection requirements that may play a role in a case where equipment failure caused or contributed to the commercial vehicle crash
- DOT medical standards, which may be an issue if a driver’s medical condition caused or contributed to the accident
- Standards for securing cargo and vehicle weight limits that may be relevant to everything from the cause of the accident to the nature and extent of the damages
Of course, this is only a partial list of the trucking-specific rules and regulations that may impact your commercial vehicle accident case. And, there are multiple issues that may arise in each category. For instance, improper loading of cargo can cause materials to break loose and hit another vehicle, force another vehicle into evasive action that causes a crash, or create an obstacle in the road that causes an accident. But improper loading can cause truck accidents in other ways as well, such as making the commercial vehicle more difficult to maneuver or more susceptible to tipping.
Experience Counts in a Jacksonville Truck Accident Case
Effectively managing this type of case requires not just the knowledge that each of these regulations exists, but an understanding of how they work in practice and what types of evidence may be available. For example, an experienced semi truck accident lawyer will know that most large trucks are equipped with electronic logging devices that track hours in service. That knowledge can help a truck accident lawyer prove that hours in service requirements have been violated and potentially prove that the trucking company was aware of or complicit in that violation.
A car accident lawyer who doesn’t have specific experience with commercial truck accident cases may simply not know what to look for to build the strongest possible case.
Other Complications in Commercial Truck Accident Cases
The mix of state and federal regulations that may play a role in a trucking accident case is just one reason this type of case can be more challenging than a standard motor vehicle accident case. Another significant difference is the complex mix of possible responsible parties in a commercial truck accident case.
Many commercial drivers are independent contractors who own and operate their own vehicles. Others are employees of a trucking company or the company shipping its goods. When the driver is an employee, the company that employs them is typically vicariously liable for any harm they do in the course of their employment. In other words, if the employee driver negligently injures someone, the company is responsible for damages.
On the other hand, if the driver is an independent contractor, they are generally liable for their own actions. That means the driver would be the primary defendant in a personal injury lawsuit. Often, that’s bad news for the injured party, since individual drivers may have less insurance coverage and virtually always have fewer resources to directly compensate the injured person. However, an experienced 18-wheeler accident attorney with in-depth knowledge of trucking accident cases will know how to dig deeper to determine whether someone else shares liability. Some possible examples include:
- The company that contracted with the driver, if they were negligent in vetting them, or if they imposed requirements that contributed to the negligence
- The company that loaded the truck, if cargo loading played a role in the crash
- A company that was responsible for maintaining or repairing the vehicle, if negligent maintenance played a role in the accident
Talk to an Experienced Jacksonville Truck Accident Lawyer Today
If you’ve been injured in a commercial motor vehicle accident, you owe it to yourself to work with an injury lawyer who knows how to pursue the maximum possible compensation for you. To learn more about how a veteran commercial vehicle accident lawyer at Harrell & Harrell can help you, call (904) 251-1111 right now or fill out our contact form.