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. Manuacturers 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 additon, 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 hightened duty of care imposed on professional trucking
operators, and upon these operators of very heavy or very large vehicles.

Representative cases

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.

Download our memo in support of punitive damages against a car carrier manufacturer. Our claim was granted in
2001 in a pretrial hearing. (Word Perfect version, zipped)