Truck accident lawsuits can be quite complicated, especially because the damage from a truck collision can be quite expensive and even catastrophic. If you or a loved one has recently been injured in a truck accident, then the best thing you can do is reach out to an experienced attorney who has worked on other similar cases.
Keep in mind that truck accidents are quite different from other types of moving vehicle accidents. Hiring a general car accident attorney isn’t sufficient; you need someone who understands the FMCSA regulations and nuances of truck accident liability. Often, there are more defendants in the case, and different strategies are used to gather necessary evidence.
These cases often involve commercial defendants and there is federal oversight when the accidents are happening on interstate highways. Our legal team is here to help every step of the way, ensuring that you have a lawyer who will defend your case and advocate on your behalf.
Comparing the Differences: What Makes Truck Wrecks So Different from Car Accidents
Both truck and car accidents involve collisions with one or more moving vehicles. But certain details of the case are different depending on the type of accident that occurs. Here are a few reasons why truck accident lawsuits require a unique approach beyond the basic legal strategies used for general car accidents:
- Size of the Truck: Not only are trucks massively bigger than cars, but they weigh a lot more – which increases the force when collision occurs. The size and weight of the truck increases the overall damage that happens in the accident. Additionally, injuries can be quite a bit more serious. Truck settlement accidents are often bigger than car accident compensation.
- Higher Crash Risk: Because trucks weigh so much, they need longer stopping distances. Since it takes more time for a truck to stop in an emergency situation, there is a higher risk of a crash occurring. These factors need to be considered when proving liability in the case.
- Stricter Requirements: Federal FMCSA regulations oversee the trucking industry, requiring drivers to go through stricter training in order to be licensed. The driver’s training and other factors under federal trucking laws are looked at when determining liability.
Liability Isn’t Always Straightforward in Truck Accidents
In order for you to receive compensation for your injuries, it’s essential to prove truck accident liability. Evidence needs to be gathered that shows how a certain person’s (or company’s) actions resulted in the accident, which caused the related injuries.
Often, truck accident liability can be placed on multiple parties. For example, drivers, employers, and even third-party providers (such as manufacturers) can be named defendants in the lawsuits. An experienced trucking accident lawyer not only includes all liable parties in the lawsuit, but they will also gather necessary evidence to show why all of these defendants are being held responsible.
Some of the common issues that can help with proving liability include trucking company negligence (such as poor truck maintenance), as well as poor hiring practices or failing to follow industry safety regulations.
Cargo companies can be held liable if improper loading or securement practices were used when loading the truck. Or manufacturers might be held responsible if there were mechanical failures on the road.
How FMCSA Regulations Protect Truck Drivers and Other People on the Road
Even though federal oversight might seem like another hoop to jump through for truck drivers and trucking companies, this oversight is critical for maintaining safety on the roads. Certain federal regulations reduce the risk of accidents by protecting the drivers and avoiding injuries relating to fatigue or a lack of driver training.
FMCSA regulations limit the number of hours of service per day, with the goal of reducing the risk of driver fatigue. Other practices must be followed based on federal regulations, including driver logbooks, EDLs, and regular truck inspections.
Not only does non-compliance increase the risk of accidents and injuries, but if a trucking company is non-compliant then they could be facing negligence issues in court.
What to Expect with Truck Accident Lawsuits: Injury Severity and Long-Term Costs
Injuries are usually much more severe when trucks are involved. In fact, truck accident injuries are often catastrophic because they cause serious health complications affecting the spine, brain, and internal organs.
If a truck accident victim survives, then they often have injuries that impact them for the rest of their lives. They require ongoing rehabilitation, care, and support for even the basic daily tasks.
Overall, the risk of death in a truck accident is much higher compared to the risk of death in a standard car accident. When a victim is seriously injured or loses their life, then the lawsuit becomes much more complicated – which is why it’s essential to ensure that you are working with a skilled and experienced attorney.
Truck Accident Evidence and Why Investigations Are More Involved
There are several reasons why it takes more time and effort to build a solid truck accident case. In order to prove liability, the legal team is often working with crash reconstruction experts. Additionally, it’s necessary to access electronic logs, black box data, and camera footage. Driver history and training are other factors that can be involved in the research phase.
The black box can often make or break the case. This data records everything from the truck’s speed to braking, throttle data, and more. The logbooks show whether the driver skipped breaks or violated HOS, which can also be important evidence for proving liability.
Other types of evidence need to be gathered, such as the service records for the truck, weigh station logs, and all maintenance reports for the vehicle. When all of these details come together, then the legal team can use the information to build the best truck accident lawsuits possible.
FAQs
What makes truck accident cases different from car accident cases?
A truck accident is more complicated than a car accident since more parties are involved, the injuries are usually more severe, and a lot of legal regulations oversee this industry.
Who can be held liable in a truck accident?
Some of the most common parties found liable in truck accidents include the truck driver, the trucking company, the cargo loaders, and the manufacturers. Multiple defendants can share the liability.
Why You Need a Truck Accident Attorney Who Knows the System
The attorney that you hire for truck accident lawsuits will have an undeniable impact on the overall outcome of your case. As you are navigating insurance and other logistics, you deserve to be working with a legal team that will handle the details successfully.
For more information about available legal services, reach out to our team at Wormington & Bollinger. Contact us to book a consultation and explore available support.