If you do any amount of travelling on the freeways or the interstate, you have probably met your share of tractor-trailers, rigs, semis, and delivery vehicles.
It can be quite intimidating if your little car is amongst a fleet of big rigs travelling at speed. There have been times when one will be passing another, and although they have their own little language, it surprises you to see a rig on your side of the road in a non-passing lane and runs you off the road, or you would have hit them.
Imagine a crash with a tractor-trailer on a busy highway! You see the aftermath of these kinds of collisions on the news all the time, and it is frightening for everyone.
These are not like ordinary accidents; these are monumental disasters more often than not, and it becomes crucial to ensure you protect your rights and are subject to fair recovery.
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Regulations and Standard of Care
If you are in an accident with your car, the fault is usually based on some negligent factor (running a red light or following too close).
In 2000, the Ministry of Transportation set up minimum safety standards for commercial carriers and their staff, including drivers, dispatchers, managers, trainers, and even hiring managers (Federal Motor Carrier Safety Regulations – FMCSR). These regulations create specific ‘standards of care’ with the intention of reducing the number of accidents involving large trucks and buses.
If these regulations are broken (e.g., broken safety equipment, improper cargo loading, driver violation of hours allowed), there is an automatic negligence of the carrier company or their staff. (negligence per se). This means it isn’t about who turned where, but compliance with the federal regulations.
If any of the regulations are proven to have been violated, your potential for compensation may increase.
The Black Box and the Time Constraints
A truck’s ELD (Electronic Logging Devices) and the EDR (Event Data Recorder) should be checked ASAP.
The insurance company or management would probably download this information for their own investigation, as these devices record information like compliance with the hours of operation rule, speeds, braking, seatbelt use, and engine data moments before the crash.
The quicker you can get your hands on this information, the better. The data is not permanently available, so your attorney can submit a spoliation letter to secure it from being destroyed.
This information will be crucial to your case, and it can be overwritten quickly, so you must act fast.
Multiple Parties and Maximum Liability
Typically, a car accident involves two drivers and an exchange of insurance information, but with a truck accident, there are a number of parties who will share liability:
Commercial trucking insurance can run into millions of dollars due to the regulations it must follow.
This means your claim is not with an individual but a corporation with many being held liable, so the intricacies can be very complex and you’ll want to find representation as soon as possible cause the information you need from the trucking company may disappear before you get your hands on it.
Make it a priority to protect yourself and collect as much evidentiary proof to build a case.
These crashes can be catastrophic, and it’ll be imperative to start a professional investigation immediately to preserve any evidence before it disappears (as mentioned earlier).
Going through all this complex chaos that follows (and possibly several insurance companies) will require very specific legal knowledge.
For example, evidence needed after a crash on the I-25 in Denver can be time sensitive and vital to any possible compensation to cover your medical bills, therapy, or even a wrongful death case put forth by a family member.
In addition to that, under Colorado law, a truck crash will trigger added federal and state requirements that don’t (usually) apply in a car collision. That’s because trucks that use the interstate are classified as a commercial motor vehicle.
If there were a truck involved in the accident, you’d definitely want to seek Denver truck-accident legal help because they’ll know Colorado law, plus they’ll know that in a truck accident must follow Federal Carrier Safety Administration (FMCSA) rules and Colorado’s commercial vehicle regulations (CDOT commercial-vehicle weight/size limits, vehicle inspections, CDL, alcohol/drug testing, maintenance/repair recordkeeping, FMCSA hours-of service compliance, odometer, etc.).
Conclusion
If you ever find yourself in this kind of situation, first, prioritize your safety, document everything, make requests for documentation from the trucking company (with the help of an attorney), and protect your rights.
These are billion-dollar companies in many cases, and they will be powerful and intimidating, so prepare yourself and make sure your team advocates for the best outcome to release your burden now and in the future.
Holding those responsible for the accident will help them realize the severity of it all can be if the federal standards aren’t followed, and hopefully prevent things like this from happening to others.
