The Knowledge And Answers You Need After A Crash

A semi-truck accident can leave you with more questions than answers. You wonder what the legal process will entail, how to manage an insurance claim and what your future will look like.

At Penn & Seaborn, LLC, we have the answers you need. We work with clients in Alabama who have suffered serious injuries in truck accidents. Having recovered more than $100 million in total compensation, we have in-depth knowledge of all aspects of truck accident law.

On this page, we have answered just a few of the questions that we hear frequently from our clients.

Why are 18-wheelers so dangerous?

Commercial trucks pose a severe threat to other motorists in part because of the vehicles’ massive size. The average 18-wheeler weighs about 40 tons compared to a passenger car’s average of two tons. In a crash, this weight disparity can severely or even fatally injure the passengers of the smaller vehicle.

In addition, 18-wheelers can be particularly difficult to operate. Truck drivers have a limited range of motion and vision. They also take much longer to slow down and come to a complete stop in an emergency.

How is fault determined?

It is very difficult to determine fault in a truck accident, especially since there is often more than one source of fault. For instance, fault may lie with the truck driver, the truck manufacturer and the cargo loaders. We have handled many cases involving complex liability issues, so we know how to investigate your accident to determine the at-fault party or parties.

Who is at fault if an 18-wheeler crash was caused by improperly secured cargo?

Multiple parties can share fault when improperly secured cargo causes an 18-wheeler crash, including the cargo loading company, the trucking company and the truck driver. Federal regulations require drivers to inspect cargo before departure, so a driver who skips that check also bears responsibility. An attorney can identify all liable parties to help you pursue maximum compensation.

Can I still file a claim if the truck driver was an independent contractor rather than an employee?

Yes, you can still file a claim even if the truck driver holds independent contractor status. Trucking companies often use this label to avoid liability, but courts look past job titles to find true responsibility. The company may still face liability if it directed the driver’s work or the driver operated under its authority.

Do truck drivers need to comply with special rules and regulations?

Yes, commercial truck drivers face stricter regulations than everyday private drivers, including the following:

• Driving no more than 11 hours per day
• Driving no more than 60 hours a week
• Driving no more than 70 hours over eight days
• Taking at least 10 hours off duty every work period

Unfortunately, not all trucking companies or individual drivers adhere to these rules. Trucking companies put immense pressure on drivers to make a certain number of deliveries in a certain time frame, even if this means breaking certain laws.

What is an electronic logging device (ELD), and how is it used in a truck accident lawsuit?

Federal law requires most commercial truck drivers to use an electronic logging device (ELD), which records driving hours and operational data in real time. In a truck accident lawsuit, ELD records can reveal whether a driver violated hours-of-service rules before your crash. This data can serve as key evidence of negligence.

What happens if a trucking company loses or destroys evidence after a crash?

If a trucking company loses or destroys evidence after a crash, courts can hold the company accountable under a legal doctrine called spoliation of evidence. This can result in serious penalties, including instructing the jury to presume the lost evidence supported your claim. An attorney can send a preservation letter to legally require the company to retain key records.

What are Federal Motor Carrier Safety Administration (FMCSA) regulations, and how do they impact my case?

The Federal Motor Carrier Safety Administration (FMCSA) establishes the national safety standards governing commercial trucking operations in the United States. These regulations cover driver qualifications, cargo loading, hours of service and vehicle maintenance. When a trucking company or driver violates FMCSA standards, that violation can serve as strong evidence of negligence in your case.

How much will it cost to hire a lawyer?

At Penn & Seaborn, we work on a contingency fee basis. We will not charge you a dime unless we recover compensation for your damages. You can come to us for a free, no-risk, no-obligation consultation to learn more about how we charge you.

Have More Questions? Get More Answers.

If you have more questions, reach out to us for more information. With our deep well of knowledge regarding truck accident law, we can answer all your questions and address all your concerns. Call us at 334-219-9771 or send us an email to schedule a complimentary consultation with a staff member.