If a semi truck accident happens at work, can an injured victim sue for more money than is recoverable under workers’ compensation?
To recover money beyond what is available under workers’ compensation in a workplace accident, the accident had to be caused, at least in part, by a third party (i.e., not the worker’s employer). These are called third-party claims. If the accident victim survives, the claim will be for bodily injuries, including pain and suffering. If the accident victim does not survive, the family can sue under state wrongful death laws.
The following are some examples of third party claims for personal injury or wrongful death resulting from an accident with a semi truck:
- The semi truck driver worked for a company that did not employ the person injured or killed in the accident. In that case, there could be third-party claims against the semi truck driver, his or her employer, the shipper of the freight being hauled by the semi trailer, and possibly others.
- The accident was caused by poor maintenance on the semi truck done by a third-party maintenance company. The maintenance company could be sued.
- The accident was caused by a defective or poorly designed truck part. In that case, the manufacturer of the defective part and the manufacturer of the semi tractor or trailer could be held responsible.
These cases almost always require an independent investigation by the attorney for the accident victim or family. Accident reconstruction experts, engineers and others generally need to be hired to determine what caused the accident and who was at fault. In addition, an analysis of the facts and special laws governing semi trucks needs to be done.
I have helped many accident victims and families obtain compensation from negligent truck drivers, trucking companies, manufacturers and others. An initial consultation is free, and if you decide to hire me, you don’t have to pay for my legal services unless you win. To contact me, call 1-888-377-8900 (toll free) or submit our free consultation form.
Attorney Eric Hageman has won millions for accident victims and is a member of the American Association for Justice (AAJ) Interstate Trucking Litigation Group. He has been given the highest rating by Martindale-Hubbell for an attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.
Is a trucking company responsible for the negligence of a semi driver that results in bodily injury or wrongful death?
Generally, yes, a trucking company is legally responsible for the negligence of its drivers when such negligence results in bodily injury or wrongful death. There are several legal theories that would support liability on behalf of the trucking company, including the law of agency, which holds that he who acts through another is deemed in law to do it himself. This is true whether the truck driver was an employee or an independent contractor because in both cases the driver was acting on behalf of the trucking company.
In addition, the shipper and others may be legally responsible. This is one reason why it is important to hire an attorney who has successfully handled trucking cases.
Some of the federal regulations governing commercial truck drivers and trucking companies (49 CFR Part 392) specifically address the responsibility of a trucking company (or “motor carrier”) in regard to the acts and omissions of the driver. These regulations include, but are not limited to, the following:
- Whenever a duty is prescribed for a driver or a prohibition is imposed upon the driver in the regulations, it shall be the duty of the motor carrier to require observance of such duty or prohibition (§390.11).
- No motor carrier shall require or permit a driver to violate §392.5(a) (above) or be on duty or operate a commercial motor vehicle if, by the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours (§392.5(b)).
- No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated (§392.6).
Attorney Eric Hageman has recovered money for our clients in personal injury and wrongful death lawsuits against trucking companies. He can be reached for a free consultation at 1-888-377-8900 (toll free) or by submitting our free consultation form.
If an accident report states that I was at-fault for an accident with a semi truck, can I still recover money in a lawsuit?
First, just because an accident report states that you were at fault does not mean you were actually at fault. In fact, accident reports often get it wrong. Recently, my colleague Fred Pritzker and I just won a $2,469,339 trial verdict for a family whose loved one was killed by a semi trailer while riding her bike. The consensus of the investigating police officers had been that the bicyclist should have seen the truck and that the accident occurred because the bicyclist was unable to remove her feet from her new clipless bicycle pedals.
Our investigation of the case revealed, however, that the accident had not occurred as the truck driver had initially claimed. Among other things, after we obtained the truck driver’s logbooks, we were able to determine that there were numerous falsifications, which should have caused the driver to be out of service at the time of the accident. Moreover, during the truck driver’s deposition, we forced him to concede that he had failed to monitor his right outside mirrors during his turn. This failure was compounded by the truck driver’s admission that he believed he was pulling a 48-foot trailer, as opposed to a 53-foot trailer. Ultimately, the jury came to a completely different conclusion from the accident report about what really happened in the accident.
In addition, even if you were partially at fault for the accident (less than 50%), you may be able to prevail in a lawsuit if the semi truck driver was more at fault for the accident than you were. This is called “comparative fault,” and any damages awarded would then be reduced proportionately by your degree of fault.
Truck accident cases should be handled by attorneys with experience in truck cases. This is true for some of the following reasons:
- Determining the degree of fault can involve complex legal and factual issues.
- Very likely forensic engineers, accident reconstruction specialists and other expert witnesses will need to be hired to help prove the case.
- If you, the semi truck driver and other parties are all at fault, the case becomes exponentially more complex.
- How the case is presented to a jury will be critical.
- In comparative fault cases, your attorney will have to request the judge to give special instructions to the jury regarding damages and liability.
Attorney Eric Hageman represents accident victims nationwide. His offices are in Minneapolis, Minnesota. To contact Eric for a free consultation, call 1-888-377-8900 (toll free) or submit our free consultation form.
How important are FMCSA regulations in my accident case against a semi truck driver and trucking company?
The Federal Motor Carrier Safety Administration (FMCSA) regulates the interstate commercial trucking industry. Any attorney handling a truck accident case needs to be very familiar with the Federal Motor Carrier Safety Regulations – “the trucker’s bible.” In every truck accident case we are involved in, we are seeking to prove violations of these federal regulations. It is absolutely essential that a lawyer in a truck accident case knows these regulations inside and out.
Below, I have listed a few of the areas regulated by FMCSA:
- Hours of Service. A commercial truck driver’s driving and off-duty time is required to be recorded in the driver’s daily log. A good truck accident lawyer will analyze the driver’s log to determine if the truck driver violated FMCSA hours-of-service regulations.
- Truck Driver Drug and Alcohol Use. FMCSA regulations require interstate trucking companies to implement a successful controlled-substances-use-and-alcohol-misuse program. This requirement is meant to prevent truck accidents caused by drunk truck drivers and drivers who are taking drugs.
- Driving Requirements. A driver may not operate a commercial truck if, for example, the driver knows that the truck is not in good working order.
- Truck Driver Qualifications. The regulations prohibit a trucking company from permitting an unqualified person to drive a commercial truck; for example, a person with a revoked or suspended license or one who is medically unfit.
- Truck Parts and Accessories. FMCSA also has detailed requirements regarding parts and accessories (tires, brakes, etc.) necessary for safe operation. In every accident case we handle, we will look at whether the accident was caused, even in part, by improperly maintained equipment, lack of safety equipment or any other equipment-related issue.
- Insurance. Federal regulations require commercial trucks to carry certain levels of insurance coverage, depending on the nature of the materials hauled. These regulations protect victims of large truck crashes from truck owners who may not have the financial resources to pay damages out-of-pocket.
Attorney Eric Hageman represents accident victims nationwide. His offices are in Minneapolis, Minnesota. To contact Eric for a free consultation, call 1-888-377-8900 (toll free) or submit our free consultation form.
I was hit by a fatigued truck driver. Is there a law against a truck driver being on the road too long?
The federal “Hours-of-Service” regulations (49 CFR Part 395) set strict limits on when and how interstate commercial truck drivers may drive. The regulations are designed to ensure truck drivers get the necessary rest to perform safe operations. Many states have identical or similar regulations for intrastate commercial truck drivers.
For example, the federal Hours-of-Service regulations provide the following limitations on commercial truck drivers:
- 11-Hour Driving Limit: The truck driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Limit: The truck driver not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
- 60/70-Hour On-Duty Limit: The truck driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
- Sleeper Berth Provision: Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
When we are investigating a truck accident case to determine if the truck driver violated the Hours-of-Service regulations, we start with the “Driver’s Daily Log,” which is basically a federally-mandated diary of how the truck driver spent every hour of every day he was driving.
To make sure a truck driver or trucking company does not destroy or tamper with the daily log, we send out what’s known as a “spoliation letter” right away. It is very important that this letter be sent as soon as possible whenever a tractor-trailer is involved in a collision. Once the letter is sent, the trucking company’s failure to save the evidence can result in an inference that the trucking company had something to hide. Read “How do I sue a trucking company for personal injury or wrongful death?”
If you or a loved one has been hit by a semi truck, please contact Eric Hageman for a free consultation.
What legal rights do I have if I am hit by a drunk semi truck driver?
In general, you have the right to sue a commercial truck driver, the trucking company and others if the driver of the commercial truck was at fault for an accident in which you were injured or a loved one was killed. If the truck driver had been drinking alcohol before the accident, you may also have a dram shop claim against a bar, restaurant or other establishment that served the truck driver alcohol.
What is a dram shop claim?
In 18th Century England, thousands of so-called “gin-shops” sold homemade gin by the dram (about a spoonful). When the King of England decided to tax the sale of gin, these “dram shops” quickly went underground in an effort to avoid paying taxes. Today’s legal system considers any establishment selling liquor illegally as a modern day equivalent of these “dram shops” of the 1700’s. The law holds these establishments responsible for the dangerous actions of an intoxicated person when they have illegally sold liquor to that person. In addition to bars and liquor stores, these establishments can include restaurants, social clubs, and sometimes even private events where liquor is sold.
Generally, “dram shops” are liable when they have violated a law or regulation in the state where the liquor was served. Examples include the following:
- Selling alcohol to an obviously intoxicated customer;
- Selling alcohol without a license to do so;
- Selling alcohol after hours; or
- Selling alcohol to a minor.
I have represented many victims of drunk driving accidents and their families. Our goal in these case – and in all of our cases – is both to help our clients get on with their lives but also to hold accountable all of the parties who caused the harm to our clients. In many cases, that means not only the drunk driver, but also the dram shop whose illegal sale contributed to the accident.
PritzkerOlsen semi truck accident attorneys have experience winning settlements and verdicts against trucking companies whose 18 wheelers cause personal injury or wrongful death.
