Why Truck Wreck Cases are Different
You are not on equal footing with the other side. Commercial carriers and their insurance companies employ extremely trained lawyers that specialize in handling only commercial trucking cases. These lawyers understand the specific laws that apply to commercial trucking cases. Commercial carriers and their insurance companies have highly trained investigators working for their client's interest within hours of a wreck. These investigators understand the importance of a prompt investigation. The other side, through their selection of attorneys and investigators, are already ahead of you. However, we will help you close that gap.
Most lawyers are competent to handle a simple automobile wreck that does not involve a commercial vehicle. Unfortunately, some attorneys handle commercial vehicle wrecks in the same manner as a car wreck. This is an extremely dangerous way to treat a commercial vehicle wreck. Commercial vehicle wrecks are significantly different from car wrecks in numerous ways.
First, an investigation needs to be initiated immediately in order to secure evidence. This may not be required in a simple car wreck case. A proper investigation of a commercial vehicle wreck is more complex than what is required in a car wreck case. Commercial carriers and their insurance companies have highly trained investigators that arrive to the wreck scene within hours of the wreck. Evidence may be altered or even destroyed. Prompt, thorough investigation is needed to protect the evidence. Trained accident reconstructionists need to document the wreck scene in its post accident condition. A commercial vehicle mechanic needs to inspect the tractor, trailer and all components in their post accident condition. An experienced wreck scene investigator needs to be quickly deployed to document the scene, vehicles and other physical evidence. Our investigator has written an extensive manual on how to properly investigate a commercial vehicle wreck. For a free copy, please .
Second, the laws that apply to a commercial vehicle case are different from those that apply to an automobile wreck case. Generally, there are three sets of laws and regulations that can apply in a commercial vehicle case: (1) Federal Motor Carrier Safety Regulations (FMCSR); (2) state regulations governing the operation of commercial vehicles; and (3) state laws regulating the operation of any vehicle.
FMCSR - Commercial vehicles engaged in interstate (between states) commerce are governed by the FMCSR. The regulations create a uniform standard of conduct to promote safe travel on interstate highways. The FMCSR do not apply to ordinary motorists because they only govern the operation of a commercial vehicle. In most states, the FMCSR apply even when a commercial vehicle is being operated intrastate (within one state) because most states have adopted by reference a large portion of the FMCSR. The FMCSR are lengthy and complex. Your attorney must have a working understanding of these regulations in order to properly prosecute your case.
STATE COMMERCIAL VEHICLE LAWS - Some states have vehicle codes and laws that govern the operation of commercial vehicles within its borders. FMCSR § 392.2 states that "every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated," unless the FMCSR provide a higher standard. Therefore, state laws governing the operation of commercial vehicles may apply unless the FMCSR impose a higher standard.
STATE VEHICLE LAWS - All states have vehicle codes and laws regulating the operation of any vehicle. These laws apply to commercial drivers even if that driver is not from that particular state. FMCSR § 392.2 states that "every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated," unless the FMCSR provide a higher standard. Therefore, state laws governing the operation of vehicles apply unless the FMCSR imposes a higher standard. These regulations also apply to ordinary motorists.
Since laws and regulations governing the safe driving of a commercial vehicle create the duties, obligations and requirements necessary to establish fault, it is imperative to identify which of these laws and regulations apply to your case. Our attorneys have written a 142 page manual on how to use these laws in a commercial vehicle case. Our experience can help you level the playing field with the other side. To receive a free copy of our manual, please .