Despite a slight reduction in large truck highway fatalities in the United States, thousands of lives are still lost every day by accidents involving trucks.  Damage and insurance settlements are based on a truck accident lawyer’s review of the information obtained by the victims, witnesses and professionals who arrive at the scene, with multiple factors impacting a determination of fault.

Size increases damage.

The size  and weight of a large truck may result in extensive damage and serious injury compared to an accident with a passenger vehicle.  A truck’s heavy weight and length can compromise maneuverability and braking distances leading to crash, jackknife and rollover scenarios where multi-vehicle involvement may occur.  The cargo load may increase the highway dangers when leaks and explosions occur impacting roadway conditions.  The United States Department of Transportation Traffic Safety Administration estimates over 500,000 truck accidents every year, of which 81% occur in multi-vehicle crash situations.

Commercial truck restrictions matter.

Commercial motor vehicles, including large trucks have restrictions imposed on their drivers because the vehicles already pose a danger to passenger cars on highways based on size, braking distance, and cargo loads.  Federal and Missouri State Regulations impose mandatory regulations for truck drivers that include:

  1. Keeping an accurate log of their mileage and destinations.
  2. Driving for a limited amount of time per day, and stopping when limit is reached.
  3. Tractor Trailers and other Commercial Vehicles must be properly maintainedto ensure safety of others on the road.
  4. Commercial Vehicles must maintain and not exceed certain speedswhile on certain roads, specifically when pulling trailers or oversized cargo loads.
  5. Certain roadways, tunnels and bridges cannot be used for travel due to weight, size and cargo carry limitations including grade restrictions.
  6. Adhering to all other safe driver responsibilities that Missouri licensed drivers must adhere to including, no driving under the influence, no reckless driving, and no driving without a current license.

Damages.

Settlement damages accident victims may receive include compensatory damages, which are those damages that caused economic loss including loss of wages, medical bills, legal fees and property damage, and non-economic loss to victim including pain and suffering.  If the truck driver is found to be grossly negligent, sometimes punitive damages can be awarded that are meant to punish the persons being sued.

Seek legal counsel.

The best legal outcome and insurance settlement will depend upon hiring a knowledgeable attorney  with experience at Kruse Law Offices, because tractor trailer truck accidents involve multiple complex factors that require specific knowledge of the commercial trucking industry, extensive experience in civil injury laws, and sophisticated investigative capabilities to collect evidence and analyze it to most strongly support a negligence claim.

 

Kruse Law, LLC

2016 S. Big Bend Boulevard

Richmond Heights, Missouri 63117

Phone: 314-333-4141
Fax: 314-558-3102

Edward C. Kruse: [email protected]

 

Sources:

https://www.modot.org/OSOW

https://www.fmcsa.dot.gov/regulations/title49/section/387.1

https://www.bts.gov/content/transportation-accidents-mode

https://www.truckinfo.net/trucking/stats.htm

https://www.fmcsa.dot.gov/regulations/title49/b/5/3/list

https://www-fars.nhtsa.dot.gov/Vehicles/VehiclesAllVehicles.aspx

 

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