Truck accident (commercial motor
vehicle) cases are significantly different from typical auto
accident cases primarily due to the extensive body of
regulations overseeing interstate commerce. The trucking
industry is regulated by federal law which has been adopted
by individual states. The federal law creates extensive
responsibilities and sweeping liabilities for carriers. The
primary purpose is to promote the safe operation of a
commercial vehicle.
COMMERCIAL CARRIERS - DUTIES
In addition to being responsible for the safety of their
trucks, commercial carriers are required to ensure that
their drivers comply with safety regulations. When they are
working truck drivers must comply with regulations that
require them to inspect their vehicles and exercise “extreme
caution” in difficult driving conditions.
A commercial carrier may be responsible for the acts of its
drivers even when the driver is not an employee of the
carrier. Drivers are often independent contractors who own
their own vehicles or are employees of the company that
leases its trucks to the motor carrier. Federal law also may
deem the motor carrier as the employer of the driver even
though the driver is an independent contractor. In the event
of an accident, both the motor carrier and the owner of the
truck may have liability or responsibility.
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INSPECTION - MAINTENANCE &
RECORDS
Strict and detailed regulations exist regarding maintenance
of vehicles and require the inspection or maintenance of
motor vehicles by federal law. These regulations also
address record keeping. Vehicles must not be operated in a
condition that will likely cause an accident or breakdown.
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TRUCK DRIVER CONDUCT
Oftentimes drivers are also held to perform basic safety
inspections of their trucks and may be held to a higher
standard of care in the operation of their trucks,
particularly in bad weather.
Commercial trucks are also often required to have data
recorders. Retention of the data on the data recorder is
essential in any truck accident case.
WHEN TO HIRE AN ATTORNEY
It is important to hire an attorney as soon as practically possible when a semi truck is involved. The data recorders in semi trucks that record the accident data, such as braking, speed at impact, and other important information will be erased from the recorder after a short period of time. It is essential that the information from the data recorder be retrieved before this occurs. The truck log books may also be disposed of after a certain period of time. It is important to review these records before this occurs.
This webpage contains general information and not legal advice. It is based on Minnesota Law in effect the the time of writing. An attorney of Farrish Johnson can advise you about how the law applies to your specific situation