Reasons to Select a Truck Accident Attorney
A Highly Specialized Field
People seeking legal advice concerning motor vehicle accidents sometimes
overlook the importance of consulting with experienced truck accident
attorneys when a case involves a commercial truck. Why does expertise
in this field matter? What sets these kinds of legal actions apart from
generic automotive cases?
In the United States, the trucking industry has played a very important
role in commerce for generations. An important body of federal laws and
administrative regulations arose around commercial trucks. Vehicles shipping
goods in interstate commerce may travel regularly through several states.
A capable truck accident lawyer possesses experience consulting these
provisions. Just consider some issues frequently implicated in truck accident cases:
A number of federal agencies issue regulations governing the operation
of commercial trucks. Whether or not a truck driver and/or a trucking
company complied with essential safety rules often plays a role in truck
accident cases. Some key regulatory agencies include:
- The Federal Motor Carrier Safety Administration ("FMCSA");
- The Department of Transportation ("DOT");
- The Transport Security Administration ("TSA");
Additionally, agencies such as the Occupational Safety And Health Administration
("OSHA") and the Environmental Protection Agency ("EPA")
have issued detailed rules controlling aspects of shipping and handling
certain types of materials. For example, whenever a truck accident involves
vehicles transporting potentially hazardous cargo, adherence to applicable
safety regulations typically becomes an issue. Successful trucking companies
today appreciate the vital importance of complying with safety protocols.
Typically, trucking companies obtain
specialized insurance policies. This area of the law often involves considerable complexity. Both the
type of truck and its cargo impact insurance issues. Additionally, some
carriers seek to economize their business operations by obtaining only
minimally mandated levels of coverage.
When claims exceed the minimum coverage amount and a truck transported
a shipping container, for instance, litigants sometimes attempt to recover
for their losses from intermodal equipment providers. Parties involved
in this type of legal case may benefit by consulting with attorneys possessing
familiarity with truck insurance issues.
Employment And Agency Law
When accidents occurs involving trucks, disputes sometimes arise around
the issue of whether or not a negligent truck driver acted within the
scope of employment, or not. These types of legal controversies run the
gamut from truck drivers who become involved in roadway mishaps miles
off their designated routes, to situations in which insurance companies
seek to deny compensation to truck passengers.
When a truck accident injures a third party, such as an auto driver, the
question of agency may prove important in terms of allocating responsibility
for the damages. The complexity of this subject remains one reason why
people involved in truck accidents may wish to consult with attorneys
possessing expertise in this specialized field of law.
Today, the trucking industry in the United States has become "high
tech". Most modern trucking companies maintain impressive communication
and logistical capabilities. A skilled truck attorney possesses the ability
to request documentation to assist litigants in accident cases.
For example, trucking companies have followed the trend towards abandoning
paper log books in favor of reliance uponprecise, electronic records. Today, many trucking firms use
sophisticated logistical programs to help maintain contact with drivers on the road, too. Documentation
issues often play a significant role in establishing fact situations in
accident cases involving trucks. An experienced truck lawyer can provide
helpful assistance in gaining access to records.
Truck Accident Cases
For all these reasons, and more, individuals involved in truck accident
cases usually find it helpful to speak with attorneys practicing in this
specialized legal field. An experienced truck accident lawyer possesses
familiarity with the types of evidentiary and legal issues implicated
in truck accident cases.
Knowledge about the trucking industry and applicable safety regulations
may prove especially helpful during litigation. For further information, contact