Commercial Vehicle Wrecks
Wichita Truck Accident Lawyers
Many auto accidents (not really accidents if someone fails to follow the laws and the rules of the road) involve commercial vehicles. If the commercial vehicle is a semi-truck, please read the other information in this website under semi-truck wrecks. Many commercial vehicles are not semis. Businesses operate all kinds of vehicles from ordinary cars, SUVs, pickup trucks, but also operate vans, heavy duty trucks, construction vehicles, cement trucks, etc.
Some of these vehicles weigh in excess of 10,000 pounds and can be extremely dangerous to other motorists. Some of these vehicles under 10,000 pounds can still be governed by special Federal laws. The Federal Motor Carrier Safety Regulations (FMCSR) require drivers to follow additional RULES OF THE ROAD for these professionally trained drivers. These drivers also have to follow the RULES OF THE ROAD that apply to all motorists. The important point is that the drivers of commercial vehicles have higher duties when operating the vehicle than ordinary vehicle operators. The trained drivers have additional laws to follow and should exercise greater care than ordinary drivers when operating the commercial vehicle.
We have all driven on roads alongside these commercial drivers. These commercial drivers are on the job and doing work errands. Unfortunately, these drivers are often on a tight schedule and the drivers are in a hurry to complete their work tasks. Sometimes these drivers are on the road in their vehicles all day long. Like semi-truck drivers, they can get fatigued due to being in the vehicle for long time frames. Like semi-truck drivers, they can get an attitude and not be as careful as they should simply due to being in the vehicle for long time frames. These commercial drivers can overlook safety rules or forget to exercise care while driving and forget that the vehicles they operate are dangerous and can cause injury to other innocent motorists.
Wrecks involving commercial vehicles require attorneys with experience and understanding of the FMCSR RULES OF THE ROAD to not only prove the negligence of the commercial driver, but also to prove the negligence of the business which may not be enforcing the FMCSR regulations or which may not have appropriate safety policies and/or safety training. If a business fails to properly train, supervise, monitor, and force compliance with ALL aspects of these very important safety laws, the company has independent negligence contributing to the cause of some collisions and the company needs to be held responsible, for the safety of the public and to avoid future collisions. A thorough investigation of the training and qualification of the driver is very important. A thorough investigation of the business also can lead to crucial information which can make a huge difference to the value of the case. If the business has had prior violations of FMCSR regulations or prior wrecks involving lack of safety protocols, and possibly even been sued or sanctioned for prior violations, there is a potential for punitive damages against the business. These damages are in addition to actual damages and can lead to the business paying much more to deter them and other businesses from engaging in unsafe practices in the future.
Unfortunately, victims of these types of collisions can have major disabling injuries with permanent consequences. These cases need prompt investigation into the collision and the business. It is important to not cooperate or give statements to the insurance company. The insurance investigators involved in these collisions are the most highly trained investigators who work even harder to try to minimize the company’s claim exposure. They are not trying to help you! Fortunately, these cases typically have better protections for the injured person and the FMCSR requires much higher insurance than a typical car wreck case. If damages exceed the higher insurance coverage, the business also may be a “deep pocket” and have to pay for damages beyond insurance coverage from the company’s own funds. You need the help of Brian and Brian at Pistotnik Law to protect your case and to KNOW YOUR RIGHTS.
When involved in these types of collisions, call us first to get valuable information on what steps need to be taken to protect yourself and to maximize your case! We know how to help you and we will stand by you to prove the wrongdoing of the negligent commercial driver and the company and to prove your damages. Contact us for a free initial consultation.