Here are some important terms that everyone in the semi-truck accident law firm industry should be familiar with:
Negligence: Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person. In the context of a semi truck accident law firm, it typically involves proving that the truck driver or another party involved in the accident acted negligently, leading to the collision.
FMCSA: The Federal Motor Carrier Safety Administration (FMCSA) is a regulatory agency within the U.S. Department of Transportation. It establishes and enforces safety regulations for commercial motor vehicles, including semi-trucks. Understanding FMCSA regulations is crucial for attorneys handling semi-truck accident cases.
Hours of Service (HOS): HOS regulations are established by the FMCSA and dictate the maximum number of hours a commercial truck driver can operate a vehicle within a specific timeframe. These regulations aim to prevent driver fatigue, which is a common cause of truck accidents.
Black Box: Also known as an Event Data Recorder (EDR), a black box is a device installed in commercial vehicles, including semi-trucks, to record data related to the vehicle’s operation. This data can be crucial in determining the cause of a truck accident and establishing liability.
Gross Vehicle Weight Rating (GVWR): The GVWR is the maximum weight limit specified by the manufacturer for a commercial vehicle, including the truck, trailer, cargo, and passengers. Understanding the GVWR is important when assessing whether a truck was overloaded, which can contribute to accidents.
Comparative Negligence: Comparative negligence is a legal principle that assigns fault and liability proportionally based on the degree of negligence of each party involved in an accident. In semi-truck accident cases, it may be used to determine the percentage of fault attributed to the truck driver, other drivers, or even the injured party.
Deposition: A deposition is a formal, out-of-court testimony given under oath as part of the discovery process in a legal case. Attorneys may conduct depositions to gather information, obtain witness statements, and assess the credibility of individuals involved in a semi-truck accident.
Settlement: A settlement is an agreement reached between the parties involved in a legal dispute, often before a case goes to trial. In semi-truck accident cases, a settlement may involve the injured party receiving compensation from the at-fault party or their insurance company, avoiding the need for a lengthy court process.
Underride Guard: An underride guard is a safety device installed on the rear and sides of commercial trucks to prevent smaller vehicles from sliding underneath in the event of a collision. Understanding the regulations and standards related to underride guards is crucial when assessing liability in a semi-truck accident.
Vicarious Liability: Vicarious liability is a legal principle that holds an employer or company responsible for the actions of its employees or agents. In the context of a semi-truck accident, it may be used to establish the liability of a trucking company for the negligence of its driver.
Pre-Trip Inspection: A pre-trip inspection is a routine check conducted by truck drivers before starting a trip to ensure that the vehicle is in proper working condition. It involves examining various components, such as brakes, tires, lights, and mirrors. Failure to conduct a proper pre-trip inspection can be evidence of negligence in a semi-truck accident case.
Logbook: A logbook, also known as a driver’s daily log or hours-of-service log, is a record maintained by truck drivers to document their driving hours, rest breaks, and other activities. It is used to ensure compliance with HOS regulations and can be crucial in determining if a driver was fatigued or violated regulations leading up to an accident.
Expert Witness: An expert witness is a professional with specialized knowledge and expertise in a particular field who is called upon to provide their opinion or analysis in a legal case. In semi-truck accident cases, expert witnesses may include accident reconstruction specialists, trucking industry experts, or medical professionals who can provide insights and opinions to support the case.
Loss of Consortium: Loss of consortium refers to the loss of companionship, support, and intimacy suffered by a spouse or family member as a result of the injured party’s injuries or death. It is a type of damage that may be sought in a semi-truck accident case.
Statute of Limitations: The statute of limitations is the legal time limit within which a lawsuit must be filed. The amount of compensation depends on the jurisdiction and the type of claim. Understanding the statute of limitations is crucial to ensure that a semi truck accident case is filed within the prescribed time frame.
Understanding these terms is essential for professionals in the semi-truck accident law firm industry. It allows them to effectively communicate, navigate legal proceedings, and advocate for their clients in cases involving semi-truck accidents.