TRUCKING ASSOCIATIONS
Q: Attorney Tully, do you belong to any Truck Lawyer Associations?
A: Yes. I belong to the Interstate Trucking Lawyers of America. This group is an association of attorneys throughout the country who do trucking and tractor trailer accident cases. Information and discussion are provided to members to stay abreast of developments in trucking accidents.
PEDESTRIAN/TRUCK ACCIDENT
Q:Attorney Tully, I was trying to cross the roadway and was struck by a truck. Doctors said I was knocked out and unconscious at the scene. I was also diagnosed with a closed head injury and brain trauma after I was taken to the hospital. All I remember is trying to walk across the roadway. How can I determine if I have a case?
A: A trucking accident attorney can have an investigator get to the scene of where your pedestrian accident happened and get photographs of all areas surrounding where the point of impact occurred.
An attorney would also need to know the time of day, whether there was a police report taken, whether there were any witnesses to your pedestrian accident, and whether any statements were made by the truck driver concerning how the accident occurred.
If there was a police report taken, we would want to get a copy of the report immediately to help in the evaluation.
TRUCK SPEED AND INJURIES
Q: Attorney Tully, I was involved in a truck/tractor trailer collision on the Pennsylvania Turnpike. I suffered spinal cord injuries and I also had to have hand and finger surgery. The truck ran me off the road and it seemed like it was flying. How do we determine the truck's speed?
A: Primarily through an accident reconstruction engineer. Also we always try to get a copy of the police report to locate witnesses to the accident.
It is possible that other drivers may have seen that same truck driving fast several miles back before your collision. Further, any witnesses that were at the scene may be able to help establish speed.
The basic principles that are employed to evaluate a truck's speed are the same as in other types of auto accidents. However, the big difference is the size and weight of the trucks involved.
The significant size, weight and mechanical ability of trucks to turn and stop are different than autos because of their sheer size and weight. An expert can help us enormously in this regard.
TRUCKER'S LOG BOOK
Q:Attorney Tully, I was involved in a tractor trailer accident on I-376. The truck came into my lane and smashed into us. I suffered rib and pelvis fractures. I also had to have tibia and fibula surgery from the impact. I want to find out if the truck driver was driving too many hours at the time of our collision. How can I find that out?
A: Usually by getting the truck driver's log book. The truck driver's log book can provide enormous information regarding the driver's compliance with Federal regulations. You may also want to find out if the truck driver was certified to drive that kind of truck.
Finally, you may want to try and find out if the driver's log book has been doctored in any way. We can help you in this regard because we handle truck accident cases.
ACCIDENT RECONSTRUCTION
Q: Attorney Tully, I was involved in a crossover truck/tractor trailer accident on I-80. I had to have reconstructive hip surgery and elbow surgery as a result of the collision. How would an accident reconstruction report be used in my case?
A: Accident Reconstruction involves the use of a specialist (usually an engineer) to evaluate how an accident occurred and provide an analysis of data to scientifically prove how the accident occurred. The accident reconstructionist applies scientific laws and engineering tools based upon the data available to make a determination as to who was at fault for causing the collision.
An accident reconstructionist can also determine the speed of the tractor trailer and your vehicle at the moment of impact.
ACCIDENT SCENE INVESTIGATION
Q: Attorney Tully, I was driving on I-279 and involved in a truck/tractor trailer accident. I had to have reconstructive ankle surgery as a result of the collision. I don't remember much about how the accident occurred. What would you look for to determine whether there is a case?
A: We would decide whether we felt the truck or tractor trailer driver was negligent or careless in the operation of the truck.
We would initially get the local police or Pennsylvania State Police report to find out what was done in terms of a police investigation. We would also investigate whether there were any witnesses to the accident.
We would also initially send our investigator to the scene to find the exact point of impact. Further, we would check to make sure that the truck or tractor trailer company was in compliance with all Federal Highway regulations.
Lastly, I would like to see the trucker's log book.
TRUCK UNDERRIDE HAZARD
Q: Attorney Tully, a truck came into my lane on I-79 and caused a collision. I had ankle and heel surgery from the accident. What is the Truck Underride Hazard I hear about regarding truck accidents?
A: The Truck Underride Hazard involves accidents that occur when a victim's car crashes into and beneath the back rear or side of a tractor trailer.
When a car is behind a truck and the truck stops fast or starts to skid off the road and into the victim's lane of traffic, a person's car can crash into the rear or side of the truck and continue forward into the underside of the back of the trailer, causing massive injuries to the passengers in the car. Oftentimes the roof of the car is sheared off from the force of the impact.
COAL DUMP TRUCK DANGERS
Q: Attorney Tully, do coal dump trucks present any special roadway or underride hazard for other vehicles on the roadway? My trucking accident caused me neck surgery and back injury. I also fractured several ribs from the impact.
A: Some coal trucks have extensive rear overhangs. Those rear overhangs can present potentially deadly road hazards for other cars on the highway. We would find out whether the coal truck was in compliance with Federal regulations in your accident in order to help you.
NHTSA
Q: Attorney Tully, what has the Federal Government done to deal with the Truck Underride Hazard? I had a friend who had to have shoulder surgery due to a truck accident.
A: The National Highway Traffic Safety Administration (NHTSA) now requires all new tractor trailers to have rear underride prevention guards on their trucks. However, it is possible that some of the older trucks and trailers do not have the rear impact prevention guards.
An attorney can investigate this for you.
