The vocabulary
of a truck case.

ELD, MCS-90, spoliation, contributory negligence — every term that matters, defined in plain language.

At-fault state: A state where the driver who caused a crash (or their insurer) pays for the resulting damages. Most U.S. states are at-fault states.
Bobtail: A tractor (truck cab) operating without a trailer attached. Bobtailing changes a truck's handling and is a recognized factor in some accidents.
Brake check: FMCSA-required pre-trip and en-route inspection of a commercial vehicle's brakes. Failure to perform a brake check can be evidence of negligence.
Broker: A licensed intermediary who arranges for a motor carrier to transport freight. Brokers can sometimes share liability if they negligently selected an unsafe carrier.
Cargo claim: A claim for damage to or loss of freight, separate from a personal-injury claim. Governed by the Carmack Amendment for interstate shipments.
Comparative negligence: A rule that reduces a claimant's recovery by their own percentage of fault. Pure comparative states allow recovery even if the claimant is mostly at fault; modified comparative states bar recovery above 50% or 51%.
Contingency fee: An attorney-fee arrangement in which the lawyer is paid a percentage of the recovery. If there is no recovery, the client pays no attorney fee — the basis of 'no win, no fee.'
CDL: Commercial Driver's License. Required to operate most commercial trucks. Suspension or revocation can be evidence of unfitness to drive.
Damage cap: A statutory limit on the amount a plaintiff can recover for certain categories of damages (commonly non-economic or punitive damages). Caps vary by state and may be challenged on constitutional grounds.
DOT number: A unique identifier assigned by the U.S. Department of Transportation to commercial carriers. Used to look up safety records via FMCSA's SAFER system.
ECM (Engine Control Module): The truck's onboard 'black box' that records speed, braking, throttle, and other data. ECM data is critical evidence and can be overwritten quickly if not preserved.
Economic damages: Out-of-pocket losses with a measurable dollar value: medical bills, lost wages, future medical care, lost earning capacity, property damage.
FMCSA: Federal Motor Carrier Safety Administration. The federal agency that regulates interstate commercial trucking, including driver hours, vehicle maintenance, and drug/alcohol testing.
FMCSR: Federal Motor Carrier Safety Regulations. The federal rules that govern commercial trucking. Violations are commonly used as evidence of negligence.
Hours of Service (HOS): FMCSA rules limiting how long a commercial driver can be on duty and behind the wheel. Violations are a leading cause of fatigue-related crashes.
Independent contractor: A driver who is not a direct employee of the carrier. Carriers may attempt to use this status to avoid liability, but federal regulations and the 'statutory employee' doctrine often defeat that defense.
Interstate carrier: A carrier that operates across state lines. Subject to FMCSA regulations and federal law in addition to state law.
Jackknife: A crash in which the trailer swings out at an angle to the cab, often caused by sudden braking, slick roads, or improper loading.
Joint and several liability: A rule allowing a plaintiff to collect the entire judgment from any one defendant who is liable, leaving that defendant to seek contribution from others.
Lien: A legal claim against a settlement for amounts owed (commonly to medical providers, health insurers, or Medicare/Medicaid). Liens must be resolved at the time of settlement.
Logbook: Required driver record of duty status. Now usually electronic (ELD). Falsified logs are a powerful evidence point in fatigue cases.
MCS-90: A federally required endorsement on a motor carrier's liability policy that ensures public protection up to a minimum amount, even if the policy would otherwise exclude coverage.
Negligence: Failure to exercise reasonable care, resulting in harm. The most common legal theory in truck-accident cases.
Negligent hiring: A claim that the carrier failed to vet a driver's record (license status, prior crashes, drug history) before putting them on the road.
No-fault state: A state where each driver's own insurer pays initial medical costs regardless of fault. Serious-injury thresholds determine when a victim can step outside no-fault and sue the at-fault driver.
Non-economic damages: Damages for pain and suffering, loss of enjoyment of life, disfigurement, and similar harms that are not measured by receipts.
Notice of claim: A formal written notice required in some states (especially for claims against government entities) that must be filed within a short window — often 60 to 180 days.
Owner-operator: A driver who owns the truck they drive, typically leased to a motor carrier. Liability often runs to both the owner-operator and the carrier under federal leasing rules.
Preservation letter: A formal letter sent to the trucking company demanding that ECM data, logs, maintenance records, and other evidence be preserved. Sent immediately after a crash to prevent spoliation.
Punitive damages: Damages intended to punish particularly reckless or intentional conduct, awarded on top of compensatory damages. Available in some states under specific standards.
Quad axle: A trailer configuration with four axles, used for heavy loads. Affects braking distance and weight-distribution analysis.
Reefer: A refrigerated trailer. Reefer units add weight and noise and can mask mechanical issues with the truck itself.
Settlement: An agreement to resolve a claim without trial, usually in exchange for a payment. Most truck-accident cases settle.
Shipper liability: Liability of the company whose freight was being hauled, when negligent loading or hazardous-material handling contributed to the crash.
Spoliation: The destruction or loss of evidence. Courts may impose sanctions, including adverse-inference instructions, when a party negligently or intentionally destroys evidence.
Statute of limitations (SOL): The deadline for filing a lawsuit. Varies by state and claim type. Missing the SOL almost always extinguishes the claim.
Survival action: A claim brought on behalf of the deceased's estate for damages the deceased could have recovered before death (medical bills, conscious pain and suffering).
Tort: A civil wrong (such as negligence) for which courts can order compensation. Truck accident claims are tort claims.
Underride: A crash in which a smaller vehicle slides under a truck or trailer. Often catastrophic; underride guards are required on the rear of most trailers.
Vicarious liability: Liability of an employer (carrier) for the negligent acts of an employee driver acting within the scope of employment.
Wrongful death: A claim brought by the surviving family of someone killed by another's negligence. Damages include lost financial support, loss of companionship, and (in some states) the deceased's pain and suffering.

The vocabularyof a truck case.

The vocabulary
of a truck case.