Why truck cases play by different rules
Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSR — 49 C.F.R. Parts 350–399). That body of regulation governs how long a driver can be on duty (hours-of-service), how often vehicles must be inspected, how cargo is secured, when drug and alcohol testing is required, and what records must be maintained. Each requirement creates a potential ground for liability — and a paper trail that, if preserved quickly, can win the case.
It also means truck cases live or die on early evidence preservation. Within days of a crash, defense firms typically send spoliation-protection notices to clients, but trucking companies have been known to "lose" electronic logging device (ELD) records, dispatch communications, and engine control module data. We send our own preservation letters within hours of being retained.
Types of trucking cases we handle
- 18-wheelers and semi-trucks on I-10, I-17, I-40, I-19, Loop 101, Loop 202, and surface streets.
- Box trucks and delivery vehicles (Amazon, FedEx, UPS, regional carriers).
- Tow trucks and emergency vehicles with separate insurance regimes.
- Construction trucks — concrete mixers, dump trucks, flatbeds — operating near job sites.
- Bus and motorcoach crashes involving commercial passenger carriers.
- Underride and override accidents where smaller vehicles slide beneath or are run over by trailers.
- Jackknife and rollover events on Arizona's mountain grades.
Who can be held liable
- The driver for negligent operation.
- The trucking company (motor carrier) for negligent hiring, training, supervision, or retention — and under respondeat superior for the driver's conduct.
- The truck or trailer owner if separate from the carrier (common in leased operations).
- The shipper or broker for negligent selection of an unsafe carrier or for cargo-loading errors.
- The maintenance contractor if mechanical failure contributed.
- The manufacturer of a defective brake, tire, coupling, or other critical component.
Each defendant carries its own insurance policy. A federally regulated motor carrier hauling hazardous materials must maintain a minimum of $5 million in liability coverage. Most carriers carry far more. Identifying every potentially liable party — and every applicable policy — is half the work in a serious truck case.
What we do in the first 30 days
- Send preservation-of-evidence letters to the carrier, owner, shipper, and broker.
- Retain accident reconstruction experts and download black-box / ECM data.
- Obtain the driver's qualification file, hours-of-service logs, drug-and-alcohol testing records, and post-crash inspection report.
- Inspect the truck and trailer before they are repaired or returned to service.
- Identify cameras (dash, in-cab, surrounding business, ADOT) and demand footage before automatic deletion.
- Coordinate medical care and life-care planning if injuries are severe.