Truck Accident FAQ

A commercial truck is a type of large truck equipped with a trailer used to transport commercial goods. Some forms of commercial trucks include UPS Trucks, FedEx Trucks, Tanker Trucks, and 18-Wheelers.

The severity of the damages is the main difference between a car accident and a truck accident. Due to the sheer discrepancy in size and weight between a fully-loaded commercial truck and the average passenger vehicle, the consequences of a truck accident tend to be much worse than those of an auto accident.

Additionally, car accident claims and truck accident claims are handled very differently. A truck driver can be held accountable for the accident as well as the truck company that employs the driver. Also, truck drivers have different regulations that they are required to follow for driving and maintenance of their trucks. These are taken into consideration when investigating a truck accident claim.

If you have been involved in a truck accident due to no fault of your own, there are a variety of people who may be held responsible for the wreck. The truck driver, the truck company who employs the driver, the owner of the trailer, the shipper whose goods were being shipped and/or any other entity that may have contributed to the accident may all be held accountable in the event of a truck accident lawsuit.

It depends on the state in which the truck accident took place. In Oklahoma and Texas, personal injury and wrongful death claims have a two year statute of limitations. If the truck accident happened in Arkansas, however, you have three years to file a claim. It is not advised to wait this long to file a claim, though. The sooner you begin the legal process, the better chance you have of obtaining a favorable outcome.

Even if you do not show any symptoms of an injury immediately after you have been involved in a truck accident, it is important to see a physician to make sure that there aren’t any hidden injuries. Oftentimes, truck accident victims will not feel the effects of an injury until a few days after the accident has occurred. Also, by having documentation of your injuries from a doctor, you eliminate the defense’s ability to blame the cause of your injuries on anything but the truck accident.

Unless you are in Alabama, Maryland, North Carolina, Virginia or Washington D.C. (which practice contributory negligence), the amount of compensation you collect depends on the degree of your fault. Known as comparative negligence, the amount of another party’s liability for the accident is determined by comparing his or her negligence with your own. In many states, you are unable to recover anything if you were 50 percent or more responsible for the accident.

Just because a truck jackknifes does not mean that it was due to negligence or driver error, so the truck driver cannot automatically be found at-fault. If driving conditions prevented the driver from stopping the truck from jackknifing or if the truck had to jackknife to avoid another catastrophe, for example, chances are the truck driver will not be found at fault.

In a truck accident lawsuit, part of your recovery may include payment for lost income due to missed work, in addition to compensation for loss of earning capacity resulting from the truck accident.

By law, truck drivers are only permitted to drive a certain number of hours each day before they are required to sleep. By establishing that the log was properly kept is crucial in evaluating if violation of the law caused driver fatigue and contributed to the accident.

The “No Zone” refers to the truck’s blind spots, or the areas behind and next to the truck where the truck driver has zero or limited visibility. The No Zone is typically the left rear quarter, the right rear quarter and directly behind the truck. Many truck collisions happen because a car is riding in the truck’s No Zone.