Laws Governing Trucking Accidents
When you are injured in a trucking accident, it is important to know what to do and which laws apply. In 2023, the Federal Motor Carrier Safety Administration (FMCSA) reported 171,396 crashes involving large buses or trucks in the United States. Of this amount, 5,226 resulted in a fatality or death. 87,383 injuries resulted from these crashes. The statistics demonstrate that when an accident occurs involving a large bus or truck, the level of devastation is significant.
Several laws apply to the trucking industry. The FMCSA has its own set of regulations applicable to truck drivers and include not texting, limiting the number of hours per day driving, limitations on use of a cell phone, physical fitness and other regulations. Drug and alcohol testing of truck drivers is also required.
OSHA laws also apply to the trucking industry in some circumstances and are exempted if another agency’s laws under DOT apply. State laws related to operating motor vehicles also apply to truckers.
Steps to Take after a Trucking Accident
1. Get medical treatment
The key steps to take if you are injured in a truck accident are to first and foremost, get the medical care necessary to ensure safety. When a trucking accident occurs, call 911 and seek a paramedic because the extent of an injury may be severe and life-threatening. Unknown injuries are not only difficult to treat later; but can cause permanent damage if they are not diagnosed and treated properly.
Parties to a trucking accident may be interviewed by law enforcement or highway patrol officers at the scene of the crash or at the hospital. Give a thorough, honest and comprehensive statement to the highway patrol and law enforcement officers that investigate the accident.
2. Notify insurance companies
Make sure you report your injuries and the accident to your insurance company. The insurer will want to have all facts relevant to your claim to properly investigate it. They will want to know the date, time and location of the accident. The insurance company will also want to learn about your symptoms, injuries and medical treatment you obtained.
3. Document your injuries and damages
This is why it is important to document everything about the trucking accident from the time it occurs and on regular intervals afterwards. If you are able to do so, you should take photographs of the accident scene, the vehicles and your injuries immediately. Ask the auto repair shop to also take comprehensive photographs of the damage to your vehicle including underneath the vehicle and the rebar.
As you heal and recover, document your scars, stitches, and your injuries healing with photographs. Sometimes photographs at the hospital and during the recovery process will help demonstrate the level and severity of your injuries. Videotaping physical therapy progress and appointments is useful, too.
While you are treating with a medical provider, keep a record of your mileage to and from doctor appointments, all of your out-of-pocket expenses, like prescriptions and pain medications, or other assistive devices you need to help heal. Also, keep track of your time lost from work attending doctor appointments, therapy appointments, and other appointments related to the injuries you sustained in the truck accident.
Other Considerations and FAQ’s
Keep in mind that every state has an applicable statute of limitations to make a claim against the trucker’s insurance company. Some states’ statutes of limitation are longer than others. If you miss the applicable statute of limitations, your claim for compensation could be barred permanently and you could recover nothing from the insurance company. Call Amiotte Law PC at (605) 595-7658 or email us at information@amiottelaw.org for more information.
