Who is responsible or liable if I am injured in an accident by a tractor trailer?

If you are injured in an accident caused or contributed to by a tractor trailer, the tractor trailer driver is liable for your injuries. Additionally, in the likely case that he or she was working for another company at the time of the crash, either as an employee or independent contractor, his or her employer is also responsible for your injuries. Also, Florida has a legal doctrine called the dangerous instrumentality doctrine. This means that the owner of a vehicle that causes an injury accident is also liable for those injuries. This is true for a 18 wheeler/tractor trailer, car or other type of motor vehicle. However, it is also possible that the company who owned or leased the trailer, or back part of the truck, may be liable as well. if you have been involved in an accident with a tractor trailer, it is important to contact an attorney quickly so he or she can determine all of the parties who may be liable for your injuries.

What are the insurance requirements for tractor trailers?

Many of the tractor trailers operating throughout Jacksonville and Florida operate in multiple states. As a result, they are regulated by the Federal motor Carrier Safety Regulations (FMCSR's). These regulations require trucking companies to be registered with the US government and have a minimum amount of liability insurance to cover accidents that cause injuries and/or property damage. Responsible insurance limits are important because if you have been injured in a crash, whether it involves a tractor trailer or a regular vehicle, your recovery for your damages will likely come from the insurance policy of the other driver, the other driver's employer or the owner of the other vehicle. For most trucking companies, they are required to insure their trucks and drivers at a minimum amount of $750,000. Of course, trucking companies are permitted to have insurance policies with higher limits.

Are there legal differences between an accident with a tractor trailer and one with a car?

Yes. Fundamentally, a lawsuit based on injuries from a vehicle crash is about two primary issues- whose fault was the crash and what are the damages resulting from the injuries. However, when a tractor trailer was involved, there are a host of additional issues that need to be explored to handle a claim properly. A lawsuit against a tractor trailer driver and trucking company will require an investigation into the driver and company's background, the driver's qualifications to drive a tractor trailer, the driver's physical and mental condition at the time of the crash, the number of hours the driver has driven and worked prior to the crash and many other issues. If you have been involved in an injury accident with a tractor trailer, it is important to contact a lawyer quickly so the many issues relevant to tractor trailer accidents can be thoroughly explored.

Are tractor trailer drivers limited in the number of hours they can drive?

Yes. You may have heard stories or reports about how driver fatigue can be very dangerous and the cause of many crashes on the roads. Some studies have compared the effects of driving while fatigued with the effects of driving while under the influence of alcohol or drugs. For the reason, the government has promulgated rules regulating the number of hours a tractor trailer driver is permitted to drive before he or she must stop driving and take time off. These rules have been suspended and changed over the years so check back here or visit our truck accident blog for updates. As of early 2008, the rules provided that a commercial motor vehicle driver (tractor trailer, semi, 18 wheeler, big truck, as they are often called) is permitted to drive up to 11 hours in a 14 hour period following 10 consecutive hours of off-duty time.

Can I assume that a tractor trailer driver is safe and qualified to drive that vehicle as long as he or she has a commercial driver's license (CDL)?

No. Drivers of tractor trailers/18 wheelers/semi's are required to have a special license to drive those vehicles, called a CDL. However, there have been many examples of drivers who have CDL's but are not qualified to safely drive such a large and potentially dangerous vehicle. A CDL is a minimum requirement. If you have been involved in an accident with a tractor trailer, it is important to explore all of the qualifications of that driver including his experience, history of road tests, training and prior driving history. There are many red flags that can be uncovered in a tractor trailer driver and company's history and practices that can indicate that a driver with a CDL is not qualified to drive.

What should I do after an accident with a tractor trailer?

If the accident resulted in injuries, it is important to contact a lawyer who understands the many issues involved in this type of case. There are many documents and a great deal of testimony that needs to be secured from the other driver, his or her employer and other sources like prior employers and government agencies that have important criminal and driving history information. Tractor trailer accidents typically involve many issues and require a thorough investigation that requires a lawyer and investigator to explore avenues that go well beyond the people immediately involved in the crash.

Is time a factor after a tractor trailer accident?

Yes. There is some evidence that could be crucial to your case that is destroyed or disappears months, weeks or even days after the crash. For example, the tractor trailer may have a computer on board which records things such as speed, location and braking which may be important facts in your case. The trucking company may wrote over, or delete, this information making impossible for anyone to retrieve it. Secondly, the tractor trailer driver may have been violating the rules which limit the number of hours he or she may drive to prevent tired driving. His or her log books, which document how long he or she's been driving and where he or she has been, may be destroyed as the trucking company is not required to keep them forever. These are two of many reasons why if you have been involved in an accident with a tractor trailer, it is important to contact a lawyer who understands the important issues immediately so the necessary evidence in proving your case can be preserved.