Have you for your family member been injured in an trucking accident?
Three Reasons Why Trucking Accidents Are Different
While there are many reasons why trucking accidents are different from collisions with passenger vehicles, three main reasons make these types of cases unique. This means that you need to retain not just any personal injury or car accident lawyer, but a trucking accident lawyer who knows these differences and how to wield them against a defendant.
The main differences are the following:
Federal Motor Carrier Safety Administration Regulations (FMCSA)
Trucking is an interstate business. This means that truck drivers and trucking companies must comply with many different state laws as they make their deliveries. States have varying vehicle and traffic laws, and some have no regulations governing large trucks. This is why the FMCSA was created. It is a federal agency with regulations governing many safety aspects of operating a commercial vehicle like a tractor-trailer. Some of the most important FMCSA regulations include the following:
- Alcohol and drug prohibition (even within four hours of starting work)
- Inclement weather restrictions
- Hours of service rules (the maximum amount of time a trucker can operate in 24 hours, 7 days, and 8 days)
- Strapping down and securing cargo rules
- Wheel maintenance, inspection, and installation
- Overall truck inspections and maintenance rules for brakes, steering columns, and other connections
- Mandatory testing
- Delivery schedules and control of scheduling
- Prohibited texting while driving
- Disabled truck warning rules, and
- Other obligations imposed by the FMCSA.
Having an experienced truck accident attorney who knows how to use FMCSA regulatory violations can make a huge difference in proving your case under Pennsylvania law.
Different Mechanical Components
It goes without saying that commercial trucks like semi-tractor trailers have a lot more parts than smaller passenger vehicles. Equipment is very different on trucks, especially the braking system which is air braking as opposed to disc braking. The air brakes on trucks require specialized training on how to use, connect, maintain, and inspect. The failure to perform any of these tasks could result in a defect and serious personal injuries.
Trucks also have specialized wheels which are meant to distribute the weight of cargo. These wheels begin to wear down quickly. The failure to properly maintain and inspect these wheels could result in serious personal injuries or the wrongful death of an innocent person.
Something more unique to commercial vehicles is logbooks and electronic control modules, also known as ECMs. These devices function as a “black box” like in an airplane. They monitor and record speed, driver input, direction, and other important aspects of the truck. This can be used to help prove a case against a defendant. But it could also be quickly manipulated or deleted by a defendant’s expert or insurance carrier. Having an experienced truck accident lawyer in Philly can help protect your rights by gathering and securing these devices immediately.
Catastrophic Injuries Caused by Trucking Wrecks in PA
Even at low speeds, commercial trucks can cause catastrophic personal injuries which are debilitating and permanent. This requires a victim’s lawyer to understand not just the law regarding the crash, but also the anatomy and medicine needed to be taught to a jury. Some of the most catastrophic personal injuries from a trucking accident include the following:
- Traumatic brain injuries
- Spinal cord injuries
- Loss of a limb or amputations
- Broken bones or fractured bones
- Organ injuries
- Partial or total blindness
- Nerve injuries or damage
- Neck injuries or back injuries, including herniations or annular tears
- Burn injuries
- Significant disfigurement and scarring
- Wrongful death, and
- Many other types of bodily harm caused in a trucking wreck.
Ask Our Truck Accident Attorneys in Philadelphia for Help
Here at the Law Offices Bernard M. Gross, P.C., we understand how to properly handle an 18 wheeler wreck. Our experienced truck accident lawyers in Philadelphia, PA have a proven track record of success against some of the largest trucking companies and insurance carriers in Pennsylvania, if not the United States. We will not let defense attorneys and insurance adjusters protect dangerous drivers. Call to schedule your FREE consultation by dialing (215) 561-3600 or use our “contact us” box available here to send us a message. We are here for you and ready to protect your rights.