How is liability determined in a truck accident?
While in some ways the investigation of a commercial truck accident is similar to that of a car accident, in many ways it is different and more complicated. Because commercial trucks and commercial truck drivers are subject to federal regulations, there are many more factors to investigate such as the driver’s commercial license and endorsements, the truck’s repair and maintenance history, whether the truck was properly loaded, whether the truck was within legal size and weight limits, and whether the driver followed hours of service requirements.
Are trucks required by the law in to carry insurance?
Yes. Because of the size, weight, and loads they carry, a commercial truck accident is likely to result in severe injuries to people involved and substantial property damage. As a result, the minimum insurance requirements for commercial trucks are much higher than for smaller cars. Under federal law, interstate trucks must carry at least $750,000 of insurance for bodily injury and property damage. The minimum for those hauling hazardous materials and oil is $1,000,00 and $5,000,000 for commercial trucks carrying HAZMAT goods and/or explosives. Most states also have their own minimum insurance requirements.
I was injured in a truck accident where the truck driver fell asleep at the wheel. Can I sue his employer?
If you were injured in a truck crash caused by the truck driver being fatigued, under the legal theory of respondeat superior, you can pursue a personal injury claim against the driver’s employer as the driver caused the accident in the course and scope of employment. The employer can also be sued under a theory of negligent supervision if there is reason to believe that the driver was not following federal regulations related to rest breaks and proper logging.