The Role of State Law in a Truck Accident Case

When truck accidents are caused by the negligence of truck drivers, trucking companies, or any other party responsible for the safe operation of a commercial truck, victims are generally entitled to compensation under state law. While often very similar, the law regarding negligence can vary from state to state in ways that can have a significant impact on the outcome of your case. For example, while one state may allow people who were more than 50-percent at fault to recover compensation for an accident, another may not. Because of these differences, it is critical for victims to retain an attorney familiar with truck accident law in their jurisdiction.

Federal Regulations May Also be at Issue

The trucking industry is also subject to significant federal regulations, most of which are found in the Federal Motor Carrier Safety Regulations (FMCSR). These rules are intended to provide a uniform standard for the safe operation of trucks and regulate nearly every aspect of the industry that you could think of. For example, the FMCSR sets out health standards for individuals who driver commercial trucks, mandates a pre-trip inspection each time a commercial vehicle goes out on the road, and regulates the placement of reflective material or illumination on truck trailers in order to ensure that they are visible at night.

In some jurisdictions, noncompliance with these federal regulations may be enough to establish liability on the part of the truck driver or trucking company. For this reason, it is important for victims to retain a truck accident lawyer familiar with litigation in this area, as an attorney without experience with representing truck accident victims may fail to notice the existence of a violation.

Truck Accident Cases are Different from Ordinary Car Accident Cases

It is critical to understand that truck accident cases differ in many important ways from accidents that only involve non-commercial vehicles. Some of these include the following:

More Parties are Involved – Truck accident cases often involve a truck driver, his or her employer, a trucking insurance company, the company that owns the cargo, and other parties who would not be involved in a non-commercial accident

Federal Regulations – The trucking industry is subject to strict federal regulations, and violations may be sufficient to establish liability on the part of a truck driver (or trucking company). It is important for victims to retain an attorney who is familiar with these regulations so that he or she can spot and use them to the benefit of your case.

Larger Settlements – As discussed above, trucks are capable of causing extremely serious injuries. For this reason, truckers and trucking companies are required to carry insurance policies with much higher limits, often resulting in larger settlements or awards.

Call a Truck Accident Attorney Today to Discuss Your Case

If you or a loved one has been hurt in an accident involving a commercial truck, you should speak to an attorney as soon as possible. When you meet with one of our lawyers, we will review you case for free and advise you as to whether you have a claim. If you choose to retain us to represent you, we will not collect any legal fees unless we successfully recover on your behalf. To schedule a consultation with one of our lawyers, call us today at 313-438-4357 or contact us online.


  • 16
  • May
Which Trucks Pose a Danger to Motorists?
  • By USTA

We’ve all seen news stories about horrific truck accidents involving large semi-trucks, many of which were carrying cargo at the time of the crash. While dangerous, these are not the only types of trucks that can cause serious…







Truck accident cases can be substantially more complicated and can require significantly more resources than other types of motor vehicle accident or personal injury cases. You always want to make sure that any attorney you hire has successfully handled cases that specifically involve large commercial trucks and the trucking industry. Your attorney should have a thorough understanding of trucking industry standards, FMCSA regulations, and truck accident reconstruction methods. At USTA, we focus specifically on truck accident cases and you can rest assured that we have the experience needed to successfully handle your case.




With their legal teams and insurance companies, trucking companies are known for fighting against liability whenever possible. They will often try to strong-arm injured individuals into accepting inadequate settlements by intimidating them with the idea of trial and the resources involved in litigation. Unfortunately, too many attorneys recommend settling cases too early in the process to avoid any further litigation. You need an attorney on your side who is not intimidated by trucking companies and who has the resources and willingness to take your case as far as necessary to obtain the full settlement or award you deserve. The attorneys at USTA will not back down and will do what is needed to fully protect your rights as a truck accident victim.




n order to best know if an attorney is the right one for you, you should meet with them in person or schedule a phone consultation. A positive attorney-client relationship is critical in a successful truck accident case so you should always ensure that you get a good feeling from an attorney before you decide to hire them. You want to stay apprised of new developments in your case and ensure your attorney is not too busy to address your questions or concerns as they arise. At USTA, we provide personalized and committed representation and invite anyone who believes they may have a truck accident claim to call and schedule a free consultation today.