How are Truck Accident Cases Different from Car Accidents?
Truck accident settlements are often higher than typical car crashes. This is largely because the injuries from truck accidents are far more likely to be catastrophic or even fatal. 1 out of every 100 large truck crashes in the US results in death, while 0.5% of car accidents result in the same. That means truck accidents are twice as deadly.
Due to the weight disparity, the impact of the collision between a heavy-duty semi-truck and a passenger car almost entirely transfers to the car. That’s why 96% of victims who die in such collisions are the car’s occupants. Not to mention the life-changing catastrophic injuries inflicted on survivors.
Given the above, the legal and procedural rigor and pushback throughout truck accident claims are far more intense than in a regular car accident case. Evidence collection differs. Several parties may be involved, adding another layer that car crashes do not scratch.
5 Ways Truck Accident Lawsuits Differ from Car Accident Cases
Here are 5 key differences between truck and car accident cases.
1. Multiple Parties are Usually Involved
In most car accident cases, your grievance lies with the other driver. But in truck accidents, liability may fall on the truck driver, the trucking company, maintenance providers, and even the cargo loaders.
This layer of complexity increases the amount of investigation your lawyer needs to undertake to hold every party accountable. You’re not just proving one person’s negligence. You’re warring against a web of commercial operators and companies, each of whom may try to deflect blame to another party.
These companies are able to afford strong legal support, meaning you equally must have a lawyer experienced in how such truck accidents play out.
2. Trucking Companies are Under Federal Regulation
Passenger vehicles are governed by state traffic laws. Commercial trucks are subject to not just state but also federal laws. These regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), cover cargo weight limits, driver work-hour limits, driver qualifications, mandatory rest periods, and drug testing.
For example, fatigue caused by exceeding hours-of-service regulations can be considered proof of liability.
If you’re involved in a collision with a truck, violation of any FMCSA regulations by the trucking company can serve as evidence of liability. That means your attorney isn’t just looking at what happened on the road. They are diving into supply chains, checking for adherence to regulations by each operator, and retrieving Blackbox data.
3. Truck Accidents Involve More Stringent Evidence Collection
Another key difference between car and truck accidents is the nature of evidence involved.
The truck’s Blackbox captures what the vehicle was doing seconds before the impact. Commercial trucks are also required to carry electronic logging devices to log driving hours, braking data, and more, while trucking companies hold the truck drivers’ qualifications. All of these are evidence your lawyer must look into when establishing liability.
To avoid liability, trucking companies may move quickly to destroy or alter records. Your lawyer must move fast and send a spoliation letter early to preserve key evidence. This is standard practice in a truck accident, a step unnecessary in most car accident cases.
4. The Legal Process is More Complex With More Pushbacks
For the fact that truck accidents result more frequently in catastrophic injuries than car accidents, trucking companies have more to lose in terms of settlement and reputation. Commercial truck minimum liability coverage can range from $750,000 to $5,000,000. It is a cost too high. Trucking companies and their insurers are rarely willing to let go without a fight.
What’s more, insurance companies have the capacity to afford the best legal defense to avoid paying huge sums in damages. Victims who attempt to handle truck accident cases without strong legal backing may find themselves at a disadvantage.
Given the above, consulting a truck accident lawyer who understands the federal regulatory framework, the multi-party nature of the case, and the stringent evidence-gathering process involved can help level the playing field. Experienced truck accident attorneys know the tactics each party involved may use to push back, and they’re likely to have the right response ready.
5. Truck Accident Settlements are Often Higher
Coverage for personal car accident claims is often lower than for commercial truck accidents. That’s because truck accidents are considered more deadly.
Under FMCSA rules, most commercial trucks must have at least $750,000 in liability coverage. Trucks conveying certain kinds of cargo are required to have up to $5,000,000. On the other hand, car accidents are regulated at the state level, with no fixed minimum. That said, most states set theirs between $10,000 and $50,000.
The simple fact that truck accident liability coverage is leagues above that of cars shows how serious a truck accident case can get.
If you or your loved one has been involved in a truck accident, this is not a road you want to walk alone.
Reach Out to a Truck Accident Lawyer for Help
Truck accidents cause life-altering damages. In many cases, lifelong care is required, resulting in insurmountable expenses amid an inability to work and earn. Unfortunately, insurance companies do not always have the empathy to be willing to give victims what they’re owed.
You deserve compensation that fully addresses your future needs. To avoid settling for less, contact an experienced Greenville truck accident lawyer who can help construct your case, prove liability, and hold the necessary parties accountable.
