Tractor Trailer Accident Questions

We have listed the most common tractor trailer accident questions asked by our clients below.  If you don’t find an answer here, then please feel free to contact us for assistance. Back to Main FAQ Page How is a tractor-trailer accident case different from a car accident case? The main difference is weight.  A fully loaded commercial truck can weigh upwards of 70,000 pounds, compared to a car, which usually weighs 3,000 pounds. This means that the consequences of a truck accident can be much worse a regular car accident.  A trucking accident lawsuit is also handled quite differently.  There are more parties involved and different regulations to follow. What exactly makes a truck a “commercial truck”? If a large truck is used to transport goods and/or supplies, it can be considered a commercial truck.  Semi-trucks, 18-wheelers, panel vans, delivery trucks, tankers, dump trucks and other similar large vehicles could all be considered commercial trucks. I was involved in a trucking accident in Florida, but I live in Georgia.  Where do I file my claim? In these sorts of accidents, you are allowed to file a claim in either state the accident occurred or in the state that the trucking company does business in or is located in. Do trucking companies have specific regulations that they have to follow? Yes.  The there are guidelines that trucking companies must follow.  The Dept. of Transportation’s FMSCA regulates the federal trucking rules for the U.S. trucking industry.  Federal trucking laws are also supplemented by laws established in the state of Florida by the Florida Dept. of Transportation. Some of the things regulated are as such:
  • Amount of hours that truck drivers can operate
  • truck driver qualifications
  • trucking company’s safety guidelines
  • size limitations such as weight and width
  • emission and noise standards
  • truck maintenance and repairs
  • truck inspections
Who do I file my claim against, the trucking company or the driver? If the truck driver is under the employ of a trucking company, then you might be able to file a claim against the company directly.  However, many truck drivers are contractors, not employees.  In that instance it might be more difficult to prove the trucking company was involved in any wrongdoing. Back to Main FAQ Page