Truck Accidents FAQs

1. Is a tractor-trailer accident the same as an automobile accident?
2. If the drivers have to be specially-trained, why are there still commercial vehicle accidents?
3. Who makes sure that big trucks and trucking companies are following the rules?
4. Do I need to hire a lawyer to assist me with my trucking accident claim?

1. Is a tractor-trailer accident the same as an automobile accident?
No. Just as the physical consequences can be more devastating in a commercial vehicle injury, proving liability in a commercial vehicle injury case can be more technical. Negligence law is the same, but there are additional federally-mandated requirements for commercial carriers and commercial licensees. An attorney who files a commercial trucking case must be intimately familiar with the federal and state codes that govern commercial traffic behavior. Treating this type of case like an everyday automobile accident is a recipe for disaster – commercial vehicle cases are more complex, more technical, and more demanding.

2. If the drivers have to be specially-trained, why are there still commercial vehicle accidents?
A good question, and one of the very things that researchers are looking into. There are a variety of different reasons. First, human error is still a factor despite the specialized training. Commercial vehicle operators are often required to drive during nighttime hours, when research has shown that crashes are more likely. The drive for profit may make some drivers falsify their records or fail to immediately record and correct safety problems with their trucks, thinking that they’ll fix the problem “at the next stop.” Carriers, too, can feel the squeeze and respond by failing to adequately train drivers or carry out the necessary background check on prospective employees. Declining infrastructure can also contribute to accidents. Cash-strapped states may choose to fund other projects, leaving repairs to dangerous interchanges for another time. The vehicles themselves can be dangerous. Huge blind spots, called no-zones and increased stopping distances are an unfortunate side-effect of a large truck, bus or motor coach. Finally, increasing commercial vehicle accidents may be an inevitable consequence of enforcement playing catch-up to the problem. Our economy’s demand for goods is strong and the projections show an increase, rather than a decrease, of commercial vehicles on the roads. Much of the research that is aimed at preventing accidents recognizes that continued roadside inspections, while important, can never be numerous enough to cover the enormous number of commercial vehicles on the road. Researchers are looking into more sophisticated, computerized tracking for the future.

3. Who makes sure that big trucks and trucking companies are following the rules?
The Federal Motor Carrier Safety Administration, part of the U.S. Department of Transportation, is in charge with promulgating regulations to keep us safe on the road. The rules are expansive and cover all aspects of commercial driving including the driver (e.g. training, drug and alcohol testing and licensing), the vehicle (e.g. transportation of hazardous materials, inspection and repair) and the carrier (e.g. insurance, records and maintenance). In North Carolina, enforcement of these regulations, and other state laws, falls to the State Highway Patrol’s Motor Carrier Enforcement.

4. Do I need to hire a lawyer to assist me with my trucking accident claim?
Yes. A trucking accident case requires in-depth knowledge of the Federal Motor Carrier Safety Act and other state and federal regulations. Commercial trucking is heavily regulated. Proving liability necessitates a proper and thorough accident reconstruction and review of all driver and carrier documents. Only an experienced litigator who knows this system can get you the maximum recovery for your case.