The Aftermath: What to Expect After a Truck Accident
In the aftermath of a truck accident, victims are often uncertain about the future and what steps to take. In many cases, truck accident injuries cause victims to lose wages and spend money on medical treatment. Victims are typically under a lot of stress, both from these financial pressures and from spending time and energy on treatment and recovery. Contacting an attorney can help victims understand what to expect after a truck accident, and start down the road to recovering compensation. Contacting a Truck Accident Attorney An experienced truck accident attorney is knowledgeable about the different laws surrounding truck accidents, and will be able to provide victims with case-specific advice. Most truck accident lawsuits are filed against the company that hired the truck driver. In many cases, these companies are large corporations with extensive resources to defend their case. An attorney is helpful in handling claims against large corporations by helping provide clients with the resources needed to file against corporations. There may also be statute of limitations laws that come into play, limiting the amount of time that a victim has to file a lawsuit against the trucking company. An attorney can help to gather the evidence and file a claim within the necessary time frame for the particular jurisdiction in which the accident occurred. Truck Accident Lawsuits Due to the weight and size of tractor trailers, truck accidents often cause severe injuries. After treating injuries, claims will usually be filed against the victim’s health insurance and PIP insurance, if applicable. However, these types of insurance usually do not completely cover the cost of treatment needed for injuries such as head trauma, paralysis, and spinal cord damage. To recover additional compensation for treatment, a truck accident attorney may have to negotiate with insurance companies or file a lawsuit against the trucking company. Negligence Lawsuits Most truck accident lawsuits are based on proving the truck driver or company’s negligence. Negligent actions that may cause a truck accident include failing to obey traffic laws, failing to stop at weigh stations, overloading the vehicle, and driving for longer than is legally allowed without taking a break. Product Liability Lawsuits If a truck accident was caused by a flaw or malfunction of the truck or a truck part, a product liability lawsuit may be filed against the manufacturer of the truck or part. These types of lawsuits may be more difficult to prove, and often require the testimony of an expert. An attorney will be invaluable in acquiring the evidence necessary to file this type of claim, as the burden of proving that the truck or part was unreasonably dangerous even when the truck was being operated and maintained as intended will fall on the plaintiff. Sources: http://www.dmv.org/fl-florida/accident-guide/...
read moreTruck Accidents vs. Car Accidents
Truck accidents are similar to car accidents in that the two types of accidents may cause injuries and damage. Truck accident lawsuits and car accident lawsuits both attempt to recover compensation for victims that have been injured or killed through personal injury or wrongful death lawsuits. However, truck accidents differ from car accidents in many important ways. When pursuing a lawsuit following a trucking accident, victims may benefit greatly from hiring a lawyer than has experience with truck accident lawsuits. Differences in Accident Severity Trucks generally weigh about 25 times as much cars. This disparity in weight makes the likelihood of severe injuries or fatalities much higher in a truck accident than in a car accident. Truck accidents may also damage several vehicles or cause multiple collisions. In addition to the dangers posed by the size and weight of the truck, the severity of truck accidents can be worsened by freight spills. Differences in Accident Details According to the National Highway Traffic Safety Administration, approximately 50 times the number of people were injured or killed in car accidents than truck accidents in 2011. Approximately 24 percent of car accident fatalities involved alcohol as a factor, compared with one percent of truck accident fatalities. Differences in Risk Factors The size and proportions of large trucks alter the risk factors inherent in driving a truck versus a car. Risk factors for truck drivers include large blind spots, dangers associated with taking sharp turns, and dangers associated with freight balancing on hills. A trucking company may also be held liable for a driver’s inability to properly anticipate and respond to these risk factors, which would not be a consideration in a car accident. Truck drivers must also be aware of the risk factors and regulations associated with driving for many hours in succession, which is also not a consideration in car accident lawsuits. Differences in Lawsuits While both truck accident victims and car accident victims must prove negligence when pursuing legal action, the type of negligence may be very different. Car accident victims must prove the negligence of the car driver or a faulty vehicle manufacturer through the use of documentation such as an accident report. Truck accident victims may need to prove the negligence of the trucking company, the driver, the vehicle manufacturer, or even the manufacturer of the cargo. Acquiring the evidence necessary to successfully prosecute a trucking company can become much more complicated than prosecuting a car driver. Sources: “Highway Safety Information System: An Examination of Fault, Unsafe Driving Acts, and Total Harm in Car-Truck Collisions.” U.S. Department of Transportation Federal Highway Administration. U.S. Department of Transportation, 12 Apr. 2012. Web. 13 Sept. 2014. <http://www.fhwa.dot.gov/publications/research/safety/humanfac/04085/> “Quick Facts 2011.” National Highway Traffic Safety Administration. National Highway Traffic Safety Administration, 1 Apr. 2013. Web. 13 Sept. 2014. <http://www-nrd.nhtsa.dot.gov/Pubs/811760QF.PDF> “Relative Contribution/Fault in Car-Truck Crashes.” American Trucking Association. American Trucking Association, 1 Feb. 2013. Web. 13 Sept. 2014. <http://www.truckline.com/ATA Docs/News and Information/Reports Trends and Statistics/02 12 13 — FINAL 2013 Car-Truck Fault...
read moreMAP-21 Legislation Overview
MAP-21 is the Moving Ahead for Progress in the 21st Century Act which was signed into law by President Obama in July of 2012. The Act was set up to reform funding and authorization for federal surface transportation spending in order to promote growth and development of the country’s roadways and transportation systems. $105 billion was allocated to be spent over the fiscal years 2013 and 2014, with the Act going into effect on October 1, 2012 and expiring on October 1, 2014. Goals of MAP-21 The main goals of MAP-21 are to build needed bridges, roads, and transit systems and to reduce the number of crashes, injuries, and fatalities occurring on roadways. The Act also creates many jobs as a bi-product of these goals. The Act contains many statutes regulating commercial vehicle and driver standards to increase safety on roads throughout the United States. The Act also consolidates highway and transit programs to eliminate outdated or duplicate programs. MAP-21 Legislation MAP-21 implementation is guided by a series of legislation reforms and programs. These programs attempt to address challenges in the current transportation system. The legislation also addresses funding for needed projects and accountability of progress for programs instituted under the act. Highway Improvements MAP-21 seeks to improve the highways of America by strengthening the systems which are currently in place to maintain and upgrade the most important highways. MAP-21 also includes detailed plans to incorporate major roadways which were not previously connected to main thoroughfares. In order to eliminate confusion and streamline processes, the existing highway transportation programs have been revised down to a few core programs. Safety Improvements MAP-21 provides additional support for the existing Highway Safety Improvement Program that is enforced by the Department of Transportation. The funding for infrastructure safety was doubled under MAP-21. The program builds on safety efforts such as the fight against distracted driving. Performance Based Programs The programs implemented under MAP-21 will be reviewed for performance. The information acquired will be used to discern the most efficient use of funds. This type of firm performance management will help to reduce unnecessary spending while maximizing results. MAP-21 Program Funding Funding for MAP-21 is generated without an increase in user fees. MAP-21 outlines how funds will be generated and how they will be distributed. Funds will be generated by implementing certain measures which will save the Department of Transportation money, changing pension plan interest rates, and allowing federal employees to enter into phased retirement. Funds will be distributed to each state based on calculations of the lump sum for each new program divided proportionally. Sources: “H.R.4348 — MAP-21 (Enrolled Bill [Final as Passed Both House and Senate] – ENR).” The Library of Congress. The Library of Congress. Web. 13 Sept. 2014. <http://thomas.loc.gov/cgi-bin/query/z?c112:h.r.4348.enr:> “MAP-21 – Moving Ahead for Progress in the 21st Century Act.” Federal Motor Carrier Safety Administration. U.S. Department of Transportation, 17 Apr. 2014. Web. 12 Sept. 2014. < http://www.fmcsa.dot.gov/mission/policy/map-21-moving-ahead-progress-21st-century-act> “Status of Major FHWA Activities to Implement MAP-21.” U.S. Department of Transportation Federal Highway Administration. U.S. Department of Transportation, 21 Oct. 2013. Web. 12 Sept. 2014....
read moreTruck Accident Dangers Infographic
Use the code below to embed infographic <a href="https://truckaccidentsupport.com" target="_blank"><img src="https://truckaccidentsupport.com/wp-content/uploads/2015/03/Truck-Accident-Dangers-Infographic.jpg" alt="Truck Accident Dangers" style="width:100%;"...
read moreWhat To Do after a Truck Accident
Truck accidents kill and injure many Americans each year due to the large size and weight of the vehicle. Tractor trailers trucks are also more susceptible to certain risk factors due to the weight distribution when carrying cargo. In 2012, roughly 3,921 people were killed in large truck accidents, and another 104,000 people were injured. About 73 percent of fatalities and injuries were occupants of other vehicles at the time of the truck accident. Since so many truck accidents affect other drivers, it is important that passengers and drivers understand what actions should be taken immediately following a truck accident. Truck Accident Scene At the truck accident scene, it is vital that certain steps be taken. Immediately after the accident, emergency services should be contacted. This will help to establish the degree and severity of the accident, and will help to control dangerous situations. Victims should receive needed medical attention before other actions are taken. Waiting for Emergency Services While waiting for emergency personnel, those that are uninjured may help by blocking victims from further dangers, such as oncoming traffic. It may also be necessary to move vehicles that present hazards. Victims should not be moved accept by medical personnel, as injuries may be worsened. Flares or hazard lights may help to warn other drivers of the accident. Gathering Information When dangers are under control and victims have been tended to, it is important to obtain as much evidence as possible pertaining to the details of the crash. Writing down recollections and witness accounts can help to preserve the information before it is forgotten. Taking pictures of damage and injuries as soon as possible can help to prove many aspects of a case. In some cases, video recording may provide new insights into a crash. Victims should also obtain a copy of the police report and any relevant medical records for future reference. Contacting a Truck Accident Attorney After a truck accident, victims are often in shock. Contacting a lawyer as soon as possible may help truck accident victims follow procedures that will help later when trying to recover compensation. An experienced truck accident attorney can provide advice about how to compile evidence and what not to say to insurance companies or law enforcement. An attorney may even be able to come to the crash scene in order to assist with gathering evidence, taking photographs, and speaking with emergency personnel and insurance agents. Sources: http://www.dmvflorida.org/car-accident.shtml http://www-nrd.nhtsa.dot.gov/Pubs/811868.pdf...
read moreEvolution of Highway Truck Stops
Highway truck stops have come a long way since their debut in the 1940s. When they were first implemented, they were simply a place for trucks to refill their gas tanks before heading back onto the road. The trucking industry has experienced tremendous growth since the 1940s. The changing needs of the trucking industry are reflected in the 21st century truck stop. In comparison to these original stops, today’s truck stop is highly evolved. Some even include special features and luxury amenities that rival a spa or resort. Trucking Industry Growth Upon examining the incredible growth of the trucking industry in the past decades, the specialized nature of today’s truck stops comes as no surprise. According to the American Trucking Association (ATA), trucks transport roughly 70 percent of all freight in the United States each year. Trucks are the sole delivery source for more than 80 percent of America’s communities. The success of the trucking industry means that there are many trucks delivering many goods around the country, and that means there are many truckers who are spending most of their lives on the road. Special Amenities A wide selection of food is one of the staples of today’s truck stop. Patrons can often choose from several types of food, from snacks to full meals. A number of truck stops also feature brand-name restaurants. Today’s truck stop may also feature amenities like showers, Internet kiosks, and wireless access. Truck stops are evolving away from the quick stop-and-go image they were built on. Instead, these facilities are encouraging drivers to enjoy a home away from home. Some truck stops even feature special activities and amenities, such as: Rooms for overnight stay Gyms and fitness classes Jacuzzis Hair salons and spas Movie theaters Bowling alleys Health checkups Chiropractic services Servicing the Public When truck stops were originally developed, they were solely intended to service truck drivers. However, with the evolution of the truck stop has come an evolution in the type of patrons who come and go. More and more of the general traveling public have begun to frequent truck stops to take advantage of the broad food selections and special amenities. In order to support the image of being open to the public, many truck stops have been coined as “travel plazas” or “travel centers.” Truck stops have also begun to boast “family friendly” features to encourage families to take a break during road trips and other...
read more