Common Legal Issues in the Trucking Industry
The transportation of food and goods is essential, yet there are many common legal issues in the trucking industry that can influence deliveries and schedules.
Menu
Menu
We help people who were hurt or killed by commercial motor vehicles. (To keep it simple, we use truck).
There are different rules and laws that apply to these vehicles.
A combination of a tractor unit and one or more trailers (tractor trailers), likely the most common commercial vehicles.
A large truck and/or trailer for hauling liquids, fuels and gases, which may be hazardous materials.
An open bed truck that hauls various, often oversized loads. Sheer size of a fully loaded truck can contribute to brake failures amongst other things.
Vehicles for hauling dirt, rock and debris, usually associated with construction.
Single truck units run by companies contracted by local governments or municipalities for hauling waste or recycling.
Vehicles with tow bars or flatbeds used to remove disabled vehicles.
Flatbed truck modified with rails on one or more trailers to transport logs.
Private operators or common carriers used to transport passengers.
You have the right in Washington State to talk to an experienced truck accident lawyer before talking to an insurance adjuster.
You need to be careful, even when it seems very clear that the truck driver caused the wreck. Trucking companies respond immediately and aggressively to crashes. If you have been involved in a Seattle truck crash we strongly suggest you get your own truck accident lawyer to protect you and your family.
You have the right to choose where, and how, your vehicle is repaired.
The odds are that your vehicle is a total loss. But often people will find that the insurance company recommends repair, and suggests a “preferred” auto repair shop. You are under no obligation to use the insurance company mechanics.
You have the right to have an attorney review any offers of settlement.
Even if the insurance adjuster makes an offer to settle your truck accident claim, you can talk to a lawyer about it first. Sometimes, people sign something and waive their rights to fair compensation without realizing it.
Never consider an offer of settlement until you have fully recovered from your injuries. If your injuries are permanent, then talk with your doctors about long term care needs.
Experience matters in cases of trucking accidents. You need to talk to a lawyer who has experience with both federal laws and state laws, in addition to the Federal Motor Carrier Safety Regulations (FMCSR). These regulations include:
Kevin Coluccio has been handling truck accident claims for nearly 35 years. He is a member of numerous legal organizations focused specifically on trucking claims, such as the Academy of Truck Accident Attorneys (ATTA)—and the only lawyer based in Washington State to have achieved Board Certification in Truck Accident Law by the National Board of Trial Advocacy. If you are looking for the best truck accident lawyer, schedule a free consultation and let Coluccio Law help you get fair financial compensation.
Contact Kevin Coluccio about a truck accident case, or see The Trucking Watchdog for more information and details about his experience in trucking law and safety.
The most important thing you can do is get the recommended medical treatment, and take care of yourself. Take the time for recommended physical therapy, get counseling for any emotional distress, and seek any other recommended medical attention to get yourself well again.
Don’t push yourself too hard. Sometimes, people who return to work or stop medical treatment before they are healed have terrible relapses.
If a loved one or loved ones were killed in a crash, read about wrongful death claims.
Even if the crash was not your fault, you need to contact your own car insurance company and open a claim.
Then, your insurance company will assign an adjuster to your claim.
Because of the complex legal issues in trucking cases, we recommend that you do not give a recorded statement without speaking to a truck crash lawyer.
If you are concerned about paying the medical bills, then speak to a representative from your insurance provider about your policy benefits.
For more detailed information, review this guide to understanding your car insurance.
Filing an insurance claim for injuries and damages is a complicated process. It helps to understand the trucking industry and the players involved.
Trucks are among the biggest vehicles you will encounter on the road. Being involved in a truck crash can be catastrophic and result in severe injuries as well as major property damage.
If you’ve been involved in one of these accidents, a truck crash lawyer can help ensure that you get fully compensated for every type of loss you experience. Not only this, your attorneys can also make sure that the right parties are held accountable for their roles in the accident.
Here, it’s important to note the parties that may be responsible for trucking accidents. Your truck accident attorney may be able to file a claim against the:
Let’s take a closer look at the damages you can claim as a truck accident victim.
Accidents can cause financial in the form of medical expenses, lost wages, and property damage. Your truck crash lawyer can help ensure that you get remunerated for all medical bills including rehabilitation services, future earnings you won’t be able to obtain, and all damaged property.
Non-financial damages include the pain and suffering you experience as well as emotional distress associated with the accident. Needless to say, being involved in a truck accident can be a catastrophic and traumatizing event, so it’s possible to get compensated for these damages.
In case there is malicious intent, negligence, or a similar situation on behalf of the driver or trucking company, you may also be able to claim punitive damages.
In short, these damages are awarded as a way to discourage similar behavior in the future and to make up for the fact that your injuries should have been prevented.
At Coluccio Law, our team has extensive experience handling trucking cases that cause extensive damage. We’ve helped clients get compensation cases like:
There are both federal and state laws that protect drivers and regulate how trucking companies operate in order to improve road safety. Because of this, these regulations can become a huge focal point in truck accident lawsuits.
Here are a few details about the regulations that are commonly brought up.
Hours of Service, also known as HOS, consists of a set of regulations that limit the amount of time drivers can spend on the road without rest.
Enforced by the Federal Motor Carrier Safety Administration (FMCSA), these laws currently claim that drivers can be on the road for up to 11 hours straight and only do so after 10 consecutive hours of rest.
If driver fatigue plays a role and HOS laws are not followed, the trucking company usually has to respond to negligence.
Besides having a Commercial Driver’s License (CDL), drivers also have to meet certain quality standards in order to sit behind the wheel of a truck. These standards include:
All drivers have to go through drug and alcohol screening as mandated by federal law. These screenings take place before employment, then randomly and after every accident or collision.
A positive drug or alcohol test, especially during litigation with your truck crash lawyer, can result in negligence on behalf of the driver as well as the employer if there is a gross oversight.
According to the FMCSA, trucking companies need to perform regular maintenance and inspections on their fleets. What’s more, some states have their own requirements that are sometimes more stringent than the FMCSA.
If there is an accident due to mechanical failures and the maintenance records show negligence, the trucking company may have to cover the damages.
Finally, load securement plays a huge role in truck road safety. As a matter of fact, there are federal regulations that outline how large cargo should be loaded. If these are not met and an accident occurs, it may be possible to hold all involved parties accountable: trucking companies, cargo loading firms, and the drivers themselves.
Most accidents involving truck crash cases are settled without going to trial. But there is always the possibility of a trial – and we are always ready for it. We will examine the police reports, assemble medical evidence for the clients injured documentation, investigate possible equipment failure, and investigate driver error. We gather evidence to support your truck accident claim and prepare to recover compensation.
After a settlement or trial verdict, we prepare a financial statement for you. We negotiate on outstanding medical expenses or liens, and make sure everything is covered.
We will present you the facts and your options simply and honestly. You have the final say in how your case is resolved.
Professional truck drivers and trucking companies have insurance – just like you have insurance on your own car.
There are usually a few different insurance policies involved. Each one has their own insurance adjusters and lawyers.
Remember: these folks don’t work for you. Their job is to protect the insurance company’s money.
When we get involved, they have to deal with us – and leave you alone.
The simple truth is that you need a lawyer to negotiate with the trucking company’s lawyers.
If they make an offer to settle your case, we will contact you to discuss it.
In some cases, we have to file a lawsuit in court before the insurance companies will actually negotiate.
You are always in charge of whether or not you want to accept a settlement. We are here to advise you.
We can prepare and file official complaints with the court. This is the legal process of suing the people and companies responsible for the truck crash.
After the complaint is filed with the court, it must be served, or officially delivered, to everyone involved.
The court sets a trial date and deadlines for exchanging information, and formal negotiations. A trial is supposed to be the final option, used only when other methods of resolution have failed.
Most truck crash cases are settled without going to trial. But there is always the possibility of a trial – and we are always ready for it.
After a settlement or trial verdict, we prepare a financial statement for you. We negotiate on outstanding medical bills or liens, and make sure everything is covered.
We will present you the facts and your options simply and honestly. You have the final say in how your case is resolved.
It’s no secret that the amount of truck crashes have been on the rise over the past few years. In fact, since 2009, we have seen a 52% increase in these types of collisions. The common causes of truck accidents involving commercial trucks include but are not limited to:
Most insurance policies have strict guidelines about filing collision claims. You should contact your own car insurance agent as soon as possible. Even if you were not at fault, you will likely need to access your own insurance benefits for medical care, lost wages, and other expenses.
If you were involved in a collision with a semi-truck, or any type of commercial truck, the trucking company’s insurer will start preparing a defense very soon after the crash. It is your right to talk to a lawyer before talking to their insurance adjuster. It’s best to speak with a law firm that has truck accident lawyers with a deep understanding of the laws around commercial trucks and commercial trucking regulations.
It depends on where you could file a lawsuit if your injury claim can’t be resolved. All personal injury lawsuits have a “statute of limitations”, which varies by the state and the cause of the lawsuit.
In Washington State, most personal injury claims must be filed within 3 years after the date of the incident. However, there are exceptions depending on the type of claim, or the age of the victim, or other factors.
And in some cases, an injured person has to give notice of their intent to file a lawsuit in a very limited amount of time.
That’s why most attorneys recommend that you contact a lawyer as soon as possible.
Simply put, yes. There are different rules and laws that apply to commercial motor vehicles—semi-trucks, garbage trucks, buses—than apply to a regular “car accident.” They have teams of insurance adjusters and lawyers who start working on a defense within hours of a serious truck crash.
It’s important that you speak to a lawyer, so that you know your legal rights. Too often, injured people believe that the insurance company will take care of their expensive medical bills and wrecked vehicle—and they wait too long to call an experienced truck crash lawyer.
While situations may vary, we usually advise that you do not accept a settlement from the trucking company without speaking to an experienced truck crash attorney. Considering the severity of the situation, you may be faced with unexpected medical expenses and may be unable to return to work, or forced to spend an extended amount of time in therapy. Make sure you have all your bases covered by hiring a personal injury lawyer who will account for any potential bills and expenses before accepting any kind of offer from the negligent party.
Contact Coluccio Law for a free consultation on your truck crash claim.
Case: Wright v. Trucking Company
Result: $3,150,000 settlement after 10 days in trial
The Wrights were on their way to a Christmas party when the family vehicle was struck head-on by a semi-truck and trailer.
Two of the family members suffered serious injuries. They were airlifted from the crash scene to Harborview Medical Center in Seattle.
In the initial crash reports, it looked like the trucker had swerved in to the Wrights to avoid hitting another car.
But a thorough investigation and expert analysis found that the trucker was going too fast for conditions—and that he may have been distracted by his cell phone.
The trucker had also violated the defensive driving standard, which means that a trucker should never turn into the oncoming lane of travel.
The family’s lawyer, Kevin Coluccio, used his experience and knowledge of the Federal Motor Carrier Safety Regulations and motor carrier standards of care to resolve this case. After two weeks in trial, Coluccio resolved the case for more than three million dollars.
The transportation of food and goods is essential, yet there are many common legal issues in the trucking industry that can influence deliveries and schedules.
The long-term effects of truck accident injuries are directly related to the severity of the collision, how it occurred, and the damages it produces. For
When a blue van with the Amazon Prime logo causes a crash, serious injuries or a death, the shopping and delivery giant runs from any
T: 206.826.8200 • F: 206.673.8286 • INFO@COLUCCIO-LAW.COM
None of the information provided herein is intended to be legal advice or to create an attorney client relationship. No information should be considered legal advice and is provided as general information only. You should consult directly with an attorney in order to protect your legal rights.
© Copyright 2023 | Coluccio Law | All Rights Reserved | Terms & Conditions of Use | Privacy Policy