»
What are some of the dangers
associated with large trucks on the roadways?
»
What are some of the causes of
tractor-trailer collisions on America’s highways
and secondary roads?
»
Why is a traffic accident
involving a commercial truck more likely to cause
injury than one involving a passenger car?
»
Are there any state or federal
regulations governing truck drivers?
»
What are the regulations
regarding prohibited conduct for truck drivers?
»
What role does alcohol and
drug use play in tractor trailer wrecks?
»
Are there trucking
regulations governing the number of hours a truck
driver can operate in a 24 hour period?
»
How do I handle trucking
companies or their insurance carriers after a
truck accident?
»
What is the statute of
limitation in Pennsylvania for filing a personal
injury claim because of a tractor-trailer
accident?
»
Why should a lawyer be hired as
soon as possible?
»
Who can be sued in an accident
involving commercial trucks?
»
What kind of a lawyer should I
hire?
»
Is the investigation of a truck
accident important?
»
Are expert witnesses necessary
to prove fault in a truck accident case?
»
What are the qualifications of
Munley, Munley & Cartwright, PC?
»
Where will my case be filed?
»
How much does your firm charge to
handle a tractor-trailer truck accident personal
injury claim?
What are some of the dangers
associated with large trucks on the roadways?
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No-Zones - Large trucks have no-zones, or blind
spots, that are located around the front, back,
and sides of the truck. When a car is in the
No-Zone, the truck driver is usually unable to
see it. At these times, a large truck could turn
into a passing car and a serious accident could
result.
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Squeeze Play – Tractor-trailer trucks need to
swing wide to the left in order to negotiate a
right turn. When truck drivers make wide right
turns; they are often unable to see smaller
vehicles directly behind or beside them. When a
car cuts between the truck and a curb, the car
can be caught in a squeeze, and a serious
accident can occur.
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Stopping Distance – Big rig trucks need a
greater stopping distance than other vehicles.
If there is not enough stopping distance between
a car and a large truck, the car risks being
involved in a rear-end collision.
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“Off-track” - Occurs when
a truck turns at high speed and swings into an
adjacent lane unexpectedly. Unlike passenger
vehicles, transport trucks require up to 40
percent more space to stop. Following too
closely results in inadequate stopping distance
between large trucks which then rear-end
vehicles in front. It is not difficult to
imagine the devastating results that occur when
a car, van or SUV is hit from behind with over
10,000 lbs. of moving metal.
Read more about
the dangers and causes of commercial truck
accidents:
Sharing the Road with Giants
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What are some of the causes of
tractor-trailer collisions on America’s highways
and secondary roads?
There are many different reasons for accidents
involving large trucks include negligence on the
part of the truck driver or the other vehicles
involved. Others include:
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Aggressive drivers
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Unrealistic schedules
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Failure to inspect tires, brakes and lights
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Tailgating
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Long work-shifts
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Driver fatigue
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Cell phone use
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Failure to install blind spot mirrors
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Jackknifing
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Speeding and ignoring reduced truck speed limit
A
18-wheeler truck traveling at 70 miles per hour
has twice as much energy as one at 50 mph. In
addition, automobiles are designed under Federal
Motor Vehicle Safety Standards to encounter like
size vehicles, not 80,000 pound trucks. Added
hazards include the absence of rear and side
bumpers and high front bumpers that punch into
automobile passenger compartments. Together these
factors account for the high percentage of serious
injuries and deaths in these crashes.
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Why is a traffic accident
involving a commercial truck more likely to cause
injury than one involving a passenger car?
Trucking accidents are different from auto
accidents in many ways, one of the most serious
being the extent of damages and injuries when a
truck and an automobile collide. A typical fully
loaded large commercial truck can weigh 80,000
pounds or more, while an average passenger
automobile weighs approximately 3,000 pounds. Due
to this size disparity, and the basic laws of
physics, any collision between a commercial truck
and another vehicle is likely to result in
serious, even fatal, injuries.
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Are there any state or
federal regulations governing truck drivers?
There are many regulations, both state and
federal, that trucking companies are required to
follow. Some of those laws include the following:
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Trucking companies are required to follow the
Federal Motor Carrier Safety Administration’s (FMCSA)
regulations concerning equipment and hours of
service.
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Truck drivers are required to maintain a
driver’s log.
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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.
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The Commercial Motor Carrier Safety Assistance
Program requires that individual States, and
other political jurisdictions unify to develop
and implement programs that will ultimately
improve motor carrier, CMV, and driver safety
and establish a safer and more efficient
transportation system.
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Commercial driver’s license standards are
federal regulations in place to reduce or
prevent truck accidents and resulting injuries
and/or deaths by requiring drivers of certain
vehicles to obtain a single commercial motor
vehicle driver's license.
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Both Pennsylvania State and/or federal law,
depending on whether the truck was involved in
intrastate or interstate transport may govern
truck accidents.
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What are the regulations
regarding prohibited conduct for truck drivers?
A driver will not be allowed to operate a
commercial motor vehicle if he/she engages in
prohibited conduct. Prohibited conduct includes:
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Reporting for duty with a blood alcohol
concentration of 0.02 or greater,
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Possessing alcohol unless it is part of a
shipment, including medications like cough syrup
or cold medicine that contain alcohol,
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Consuming alcohol while performing
safety-sensitive functions,
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Consuming alcohol within 8 hours preceding an
accident,
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Reporting for duty while using any drug that
affects the driver’s ability to safely operate a
motor vehicle, or
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Refusing to submit to any DOT mandated alcohol
or drug test.
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What role does
alcohol and drug use play in tractor trailer
wrecks?
Intoxicated Drivers.
Over a period of one year, a study of truck driver
fatalities was conducted by The National
Transportation Safety Board and The National
Institute on Drug Abuse in eight states.
Comprehensive drug screenings were performed on
blood specimens taken from 168 fatally injured
drivers. One or more drugs was detected in 67% of
these fatally injured drivers and 33% of these
drivers had detectable blood concentrations of
psychoactive drugs or alcohol.
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Are there trucking
regulations governing the number of hours a truck
driver can operate in a 24 hour period?
Hours of Service.
Driver fatigue and drowsiness are conditions that
result in reckless behavior such as failure to
keep in the proper lane and running off the road.
Tired truckers are of such concern that in April
of 2003, the Federal Motor Carrier Safety
Administration (FMCSA) instituted new hours of
service regulations to curb truckers’ problems
with fatigue. While these laws have helped reduce
the number of accidents, the U.S. National
Transportation Safety Board still blames driver
fatigue as a probable factor in 20-40% of truck
crashes.
Since 1939, Federal law has placed
restrictions on the hours of service that a
trucker may operate his truck. Recent changes have
been made to these rules for the first time in
over 60 years. The new rules are designed to
reduce the effect of cumulative fatigue and
prevent many of the accidents and fatalities to
which fatigue is a contributing factor for big rig
drivers.
Truck driver fatigue can have devastating
consequences to others on the road. In 2003, there
were over 4,600 fatal wrecks involving large
commercial trucks.
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How do I handle trucking
companies or their insurance carriers after a
truck accident?
You should immediately consult with an experienced
truck accident lawyer. Truck companies have their
own investigators and attorneys working hard to
dismiss liability. One of the worst decisions
individuals can make is to negotiate directly with
trucking companies, insurance adjusters, or the
trucking company lawyers. Most trucking companies
are highly skilled at truck accident investigation
and claims. Anything you say or sign may be held
against you further down the road.
We
have been handling complex trucking injury
litigation since 1980. We have obtained many
settlements and verdicts worth millions of
dollars. Our lawyers are Board Certified and our
firm is listed in the Best Lawyers in America. We
are an AV rated firm by Martindale Hubbell and
have combined experience of over 100 years.
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What is the statute of
limitation in Pennsylvania for filing a personal
injury claim because of a tractor-trailer
accident?
Whenever a person is injured in any type of
accident, it is in their best interest to file a
claim as soon as possible. When a claim is filed
quickly, evidence is more easily gathered to prove
the case. However, Pennsylvania law puts a time
limit or statute of limitations on when you can
file a claim. A personal injury action must be
filed within two years of the date when the injury
occurred. In Pennsylvania, personal injury actions
include medical malpractice and products liability
claims as well personal injury. Pennsylvania does,
however, have a "discovery rule," which, in
limited cases, extends the time for filing a
personal injury action. Under this rule, the
statute of limitations will begin to run at the
time the plaintiff knows, or should have known,
that he or she was injured and that the injury was
caused by another's conduct. If you do not file a
lawsuit in Pennsylvania within the required time,
you will lose your right to sue and recover money
damages for your injuries.
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Why should a lawyer be hired
as soon as possible?
The major trucking companies will immediately have
lawyers hired and working for them. The scene must
be secure. Photographers and statements must be
taken as soon after the accident as possible. Many
important pieces of evidence helpful to you can be
lost, misplaced or be purposely destroyed.
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Who can be sued in an
accident involving commercial trucks?
The person and/or company responsible and at fault
for causing the accident can be sued. This
includes the truck driver and the trucking
company, the owner of the trailer, the shipper, as
well as any other driver, person or entity who in
anyway contributed to the accident, such as the
manufacturer of one of the vehicles involved in
the accident, the manufacturer of a tire that
contributed to the accident or the owner of any
public or private property whose negligence
contributed to the accident.
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What kind of a lawyer should
I hire?
You should choose a law firm that has handled many
trucking injury cases. These cases require a
specialist in the Federal Motor carrier Safety
Rules and Regulations. They also require lawyers
familiar with fleet maintenance procedures. Munley,
Munley & Cartwright has experienced lawyers to
handle the investigation and litigation of your
claim. We have successfully represented truck
accident/injury suits throughout Pennsylvania.
See our Verdicts & Settlements
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Is the investigation of a
truck accident important?
It is critical. A thorough investigation must be
performed to establish the fault of another. An
investigation will include the examination of the
scene and vehicles involved, and obtaining of
statements from witnesses. Be sure that you do not
move your vehicle after the accident. It will be a
major part of the investigation.
Trucking companies will perform their own
investigation immediately after the accident. It
is important that you retain a lawyer who
immediately investigates the case to evaluate
liability and any potential at-fault defendants.
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Are expert witnesses
necessary to prove fault in a truck accident case?
Often, unless there is no question that one party
was completely at fault, a plaintiff in any
serious injury or death case involving a truck
should retain an expert with expertise in the
design, manufacturing, and operation of trucks and
the rules of the trucking industry.
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What are the qualifications
of Munley, Munley & Cartwright, PC?
We have been handling complex trucking injury
litigation since 1980. We have obtained many
settlements and verdicts worth millions of
dollars. Our lawyers are Board Certified and our
firm is listed in the Best Lawyers in America. We
are an AV rated firm by Martindale Hubbell and
have combined experience of over 100 years.
In a truck accident case, you need experienced,
knowledgeable lawyers representing you against the
trucking companies. Munley, Munley & Cartwright is
your best defense. We can help get you the
compensation you deserve.
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Where will my case be filed?
This will be determined by where the accident
happened and the residence addresses of all
parties.
How much does your firm
charge to handle a tractor-trailer truck accident
personal injury claim?
Munley, Munley & Cartwright charges clients of
personal injury claims on a contingency basis.
What that means is the attorney is only paid if he
or she wins money damages for you – the client.
The fee agreement is usually a percentage of the
amount recovered. This makes it possible for
anyone to hire only the best lawyer. It gives
everyone access to the justice system and
representation that is equal to the best that
insurance companies, doctors and other defendants
can hire. In addition,
you
can contact the lawyers of Munley, Munley & Cartwright for a
free consultation by calling toll-free at
1-800-346-7401.
