What's the law
Injuries to truck drivers
Injuries to truck drivers while loading, unloading, or securing loads are governed by the common law of negligence and strict liability. Manufacturers of trucks and trailers are required by the common law to make reasonable modifications that enhance safety. The standard is one of reasonableness, which is assessed by a jury unless the case is abundantly clear. Money damages, including pain and suffering, are available if so awarded by the jury.
Injuries to others from traffic mishaps involving trucks
Trucks are governed by the state motor vehicle codes, which regulate the way vehicles utilize the streets and highways of the state. In addition, trucks must meet federal standards promulgated by the Department of Transportation. These regulations cover loading, lighting, driver certification and duty time, and other areas of operation. Violation of either state or federal regulations is negligence per se. In addition, motorists injured by truck operations may benefit from a heightened duty of care imposed on professional trucking operators, and upon these operators of very heavy or very large vehicles.
The firm is involved in many cases where motor carrier drivers were injured during the process of loading, securing, or unloading their cargo. Investigation has revealed that many of the motor carrier trailers are improperly designed. These vehicles expose the drivers to shoulder, knee, arm, and neck injuries when they tighten security chains, release chains, mount, or dismount. Numerous actions have been brought against motor carrier manufacturers for compensation.
Email us if you would like a copy of our memo in support of punitive damages against a car carrier manufacturer. Our claim was granted in 2001 in a pretrial hearing.