Why Truck Accident Cases Are Different From Car Accident Cases
At first glance, a truck accident may seem like any other motor vehicle collision. A driver makes a mistake. A crash happens. An insurance claim follows.
In reality, truck accident cases are often much more complicated than typical car accident claims.
The vehicles are larger. The injuries are often more serious and there may be several companies involved instead of just one driver.
And unlike ordinary passenger vehicles, commercial trucking companies must follow a long list of federal safety regulations.
Understanding those differences is really important because they can have a significant impact on how a claim is investigated, negotiated, and ultimately resolved.
The Stakes Are Often Much Higher
A fully loaded commercial truck can weigh up to 80,000 pounds.
By comparison, the average passenger vehicle weighs only a fraction of that.
When a vehicle of that size collides with a car, the injuries are often catastrophic.
Truck accident victims commonly suffer:
Traumatic brain injuries
Spinal cord injuries
Multiple fractures
Internal injuries
Long-term disabilities
As the severity of injuries increases, so does the complexity of the claim.
There May Be More Than One Responsible Party
Most car accident claims involve two drivers.
Truck accidents are different.
Depending on what happened, responsibility may extend beyond the truck driver to include:
The trucking company
A cargo-loading company
A maintenance provider
A parts manufacturer
A freight broker
Identifying every potentially responsible party is one of the biggest differences between truck accident claims and ordinary car accident cases.
Commercial Trucking is Governed by Federal Regulations
Passenger vehicle drivers must follow Texas traffic laws.
Commercial trucking companies must also comply with federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA).
Those rules cover issues such as:
Hours of service
Driver qualifications
Vehicle inspections
Maintenance requirements
Cargo securement
Driver logbooks
When those rules are ignored, they may become important evidence in an injury claim.
The Evidence is Different
After a typical car accident, evidence usually consists of:
Photos
Police reports
Medical records
Witness statements
Truck accident cases often involve all of those things plus additional records that don't exist in ordinary crashes, like:
Driver qualification files
Electronic logging device (ELD) records
Maintenance records
Dispatch communications
Inspection reports
Black box data
Some of this information can disappear quickly if it isn't preserved early in the case.
Commercial Insurance is Different
Another major difference involves insurance.
Most passenger vehicles are covered by personal auto insurance policies. Commercial trucking companies often carry substantially larger insurance policies because of the risks associated with operating large commercial vehicles.
That doesn't automatically make a claim easier.
It often means the insurance company will conduct a much more detailed investigation before agreeing to pay compensation.
Trucking Companies Begin Investigating Immediately
One thing that surprises many people is how quickly trucking companies respond after a serious crash.
It's common for companies to begin gathering evidence immediately and that may include:
Inspecting the truck
Downloading electronic data
Interviewing the driver
Reviewing maintenance records
Notifying their insurance carrier
For that reason, it's often beneficial for an injured person to begin preserving evidence as soon as possible as well.
Every Truck Accident is Different
Not every truck accident involves driver negligence. Some crashes are caused by:
Equipment failures
Improperly secured cargo
Inadequate maintenance
Fatigued driving
Distracted driving
Unsafe hiring practices
Determining exactly what happened often requires a much more detailed investigation than a typical car accident.
You Don't Have to Navigate a Truck Accident Claim Alone
Truck accident claims involve unique evidence, federal regulations, multiple insurance companies, and legal issues that don't exist in many ordinary car accident cases.
That's one reason they're often more complicated from the very beginning.
If you've been injured in a collision involving a commercial truck, Carrollton Injury Lawyers can help investigate the circumstances of the crash, identify potentially responsible parties, and explain your legal options during a free consultation.
