One common mistake is treating a truck accident case like a typical car accident case. In reality, truck accident cases are entirely different from car accident cases. Of course, there is a similarity in that both are vehicle accidents on public roadways, but the applicable regulations can be very different. Furthermore, the investigation process following the accident can require expert witnesses such as accident reconstruction experts.
The Law
The primary law when it comes to truck accident cases is the Federal Motor Carrier Safety Act (FMCSA), which provides for the regulations and requirements to be followed by the driver and motor carrier.
The FMCSA may provide for additional requirements that are not typically found in ordinary vehicle collision cases such as logbooks, mandatory drug testing, hours of sleep rule, etc.
Violations of the FMCSA provisions can lead to strict liability for the driver and the motor carrier.
Investigation Process
One of the most complicated parts of a truck accident case is the investigation process. There are a lot of factors to be considered in truck accident cases. Most of the time, the services of experts are necessary in truck accident cases such as accident reconstruction experts.
There are also a lot of documents involved. Aside from the required documentation under the FMCSA, the truck accident lawyer may also want to cross-check the claims contained in the documents with other evidence such as the data stored in the truck’s GPS.
Handling of Cases
Time is of the essence in truck accident cases. Motor carriers are known to fight cases very aggressively – due to the possibility of large-scale losses most motor carriers have their own legal teams dedicated to fighting truck accident cases. Simply put, it’s an uphill battle, especially when the auto accident lawyer is retained much later than the truck accident itself.
