Everyone from Minnesota is familiar with “those days.” Those days when the road shimmers from the black ice, the air temperature is -13 degrees, and the speed limit is 55 mph but given the conditions, traffic is moving at about 35 mph. In those days, when a driver is gripping on to the steering wheel for dear life, there is nothing more frustrating than when a semi-truck barrels past at higher speeds without apparent regard to its surroundings.
The U.S. Department of Transportation’s “Commercial Motor Vehicle Facts—March 2013” report notes that there were 10,270,693 registered large trucks in 2011. With so many large trucks on the road, accidents are inevitable.
Statistics
In 2011 the US DOT reported roughly 273,000 accidents involving tractor-trailers. While the majority involved only property damage (210,000), numerous accidents involved personal injuries (60,000). Additionally, 3,341 accidents resulted in a fatality. Overall, semi trucks accounted for about 1 out of 10 fatal crashes in the United States in 2011.
Truck Accidents vs. Automobile Accidents
From the federal and state regulations a truck driver must follow, to the entities that may be held accountable for the accident, accidents involving big rigs differ significantly from other automobile accidents. Regulations limit the number of driving hours that a trucker can drive before being required to take a rest. Regulations also impose a more stringent duty to use “extreme caution” in hazardous conditions such as those caused by snow, ice, fog or rain. In addition to regulations focusing on the driver and his/her conduct, regulations also apply to the truck itself. No commercial motor vehicle, for example, “should be driven when any of the required lamps or reflective devices are obscured by the tailboard, by dirt or… otherwise.”
Additionally, individuals or entities responsible for damages range from the driver, to the carrier, or even the receiver of the property, just to name a few. What is important to note is that when an individual suffers serious injuries or dies as a result of accident involving a large truck, an injured party should explore all possible parties for liability and coverage.
As a result of the different rules and potential parties involved, an accident involving a tractor-trailer can be more complicated than the typical fender-bender.
Minnesota Personal Injury Attorneys
Commercial trucking and insurance companies act immediately upon learning of an accident, sending out response teams to investigate. Although police officers responding to the scene may document some important aspects, such as drug testing and general witness testimonies, their investigation is usually not sufficient. Information such as the driver’s prior hours of service, maintenance records and loading records may be critical depending on the facts of each case. Some information such as the driver’s log is required by federal law to be kept by the motor carrier for only 6 months. However, obtaining this type of information is critical helping pinpoint the potential causes of an accident and whether someone acted negligently or in violation of a regulation.
Contact Our Legal Team to Learn More
As a result any individual involved in a large truck accident should seek to hire an attorney as soon as practicable. As personal injury attorneys in the state of Minnesota, we prioritize truck accidents and provide the client with the attention necessary to provide highest level of representation with these complicated cases. Learn more by contacting our law firm online or by calling our Minneapolis office at 612-874-6109.
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