Gross McGinley LLP

Blog Disclaimer

Blog Disclaimer

This Blog is intended for educational and informational purposes and intended to only provide you with a general understanding of the law, not to provide any legal advice, including on the subject of the Blog. Laws that may pertain to this Blog will vary by jurisdiction, and the information on this blog may not apply to you. The content within this Blog is not intended, and should not be construed, in any way to be legal advice and thus you should not rely on any information provided in the Blog as legal advice. You should consult with appropriate legal counsel concerning any issues for which legal advice may be needed. Your review or use of the Blog and the content therein is not intended to create, and does not constitute, an attorney-client relationship. Please contact us if you have any questions about a Blog or would like more information, but, by contacting us, no attorney-client relationship is formed between you and Gross McGinley, LLP, including the Blog author. Do not send any confidential information to Gross McGinley, LLP or the authors of the Blog without first speaking to one of our lawyers and receiving our permission to provide confidential information. Unsolicited confidential information sent to us may not be subject to an attorney-client privilege and may not be treated as confidential. This Blog is not published for advertising or solicitation purposes. Gross McGinley, LLP disclaims all liability to all persons for any claim, loss, liability or any damages that may arise in connection with the Blog and any content or information contained in the Blog. Even though we strive to create our Blog content based on our current understanding of the law, we cannot and do not guarantee that the content and information in the Blog is current, accurate, or complete. Gross McGinley, LLP owns the copyright in the Blog, which is protected by federal and state laws, including copyright laws. The Blog cannot be altered or modified in any way. A copy of the Blog may be used and printed only for personal, educational, informational and noncommercial purposes. The Blog cannot be used for any other purpose without the express permission of Gross McGinley, LLP.

Educating Juries on Heavy Truck Collisions

Written by: and on September 23, 2016 | Category: Blog

Large trucks account for four percent of all registered vehicles, but are involved in eight percent of all fatal crashes. The average stopping distance of a heavy truck traveling 55 miles per hour is 451 feet. The risk of death in an automobile that collides with a large truck (exceeding gross vehicle weight of 26,000 pounds) is one-third greater than a collision with another automobile.

A lawsuit to recover damages for wrongful death or personal injury against a trucking company and its driver is complicated; more complicated than a collision not involving a heavy truck. Most folks who serve on juries are familiar with the operation of automobiles and the standards of care contained in the motor vehicle regulations enacted by their state of residence. However, many jurors are not familiar with the performance characteristics of heavy trucks, nor the rules of the road applicable to trucks.

The care and vigilance of a driver is extremely important to the safe operation of a heavy truck. Heavy truck drivers must obtain a Commercial Driver’s License (CDL) which imposes on a driver and a driver’s employer training requirements, testing, background investigations, continuing trainings, supervision, and oversight of the driver by the employer. A failure by the driver or the employer to follow these safeguards can quickly lead to a disaster. A lawyer handling a heavy truck case must investigate compliance and understand the regulatory standards for both the driver and the employer.

A lawsuit to prosecute an action against a CDL driver and his/her employer requires an expert witness to describe the “standard of care” for the CDL driver given the prevailing road and traffic conditions. The jury must understand the duties imposed on the CDL driver and his/her employer for the safe operation of heavy trucks. The regulations of the Federal Motor Carrier Safety Administration (FMCSA) detail the duties of the CDL driver and his/her employer. The discovery of information to identify violations of the regulatory process is long and painstaking. A significant commitment of time, energy, and costs to develop a successful heavy truck case is always the duty of the law firm accepting a heavy truck case.

The lawyers at Gross McGinley are familiar with this process, having prosecuted death and serious injury cases involving heavy trucks. Recently, Victor F. Cavacini and Christopher W. Gittinger obtained a significant recovery for a seriously injured motorist struck by two heavy trucks.

Next Previous
View All Attorneys
View All Practice Areas
View Blog