Truck accidents often result in devastating consequences. These consequences range from severe injuries to extensive property damage. However, what many people don’t realize is that truck accident cases are far more complex than standard car accident claims.Â
These cases include multiple parties, federal and state regulations, and aggressive legal defense teams from the trucking company and its insurers.
If you or a loved one has been in a truck accident, it’s vital to realize how these incidents are more complex than regular motor vehicle accidents. So, here are 10 reasons explained in detail.
Multiple Parties May Be LiableÂ
In contrast to typical car accidents, where liability is commonly born by one or two drivers, truck accident cases often include multiple at-fault parties. The truck driver, trucking company, cargo loaders, truck manufacturers or even maintenance providers might be partially liable for the accident, outlined truck accident attorneys.
Liability must be determined, which means conducting a thorough investigation into who was involved in the accident. For instance, say a truck’s brakes malfunctioned: It could be because a third-party repair company didn’t maintain the vehicle properly.
If the truck driver was fatigued, the trucking company could be liable for imposing unreasonable schedules. These multiple layers of liability cause truck accident cases to take longer to resolve while also requiring a more strategic legal approach.
Federal and State Regulations Complicate ClaimsÂ
Truck accidents are not just governed by standard traffic laws; they are also subject to strict federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA) has established specific guidelines regarding truck weight limits, driver working hours, maintenance schedules, and drug testing requirements.Â
If a truck driver or trucking company violates these laws, they may be liable. But to prove these violations, there must be access to records like driver logs, black box data, and maintenance reports. As these cases include complicated legal and regulatory needs, victims must have an attorney complete with trucking laws.
Trucking Companies Have Aggressive Legal TeamsÂ
Trucking companies often have large legal teams and insurers who arrive to vigorously defend against accident claims. These businesses pull out all of the stops to try and limit their potential for monetary liability, hiring accident reconstructionists, arguing against the evidence, and bullying victims into accepting a low-ball settlement offer.
For victims, that means seeking fair compensation can be an uphill climb. If you are negotiating against these corporate legal teams without the experience of a skilled truck accident attorney at your side, you may be settling for something less than your medical expenses, lost wages, and long-term care needs.
More Severe Injuries and Higher Compensation ClaimsÂ
Examples of Catastrophic Injuries in Truck Accidents Since commercial trucks are so large and heavy, truck accidents often result in catastrophic injuries. Victims frequently incur spinal cord injuries, traumatic brain injuries and damage to internal organs, resulting in lifelong medical complications.
Due to the seriousness of these injuries, compensation claims are typically far more than in routine auto accidents. Victims can be in need of extensive medical treatments, rehabilitation, and long-term medical care. Insurance companies will attempt to minimize payouts, making it even more complex for victims to obtain just compensation.
Trucking Companies May Destroy or Conceal EvidenceÂ
An additional roadblock in truck accident claims is the need to obtain critical evidence prior to it being modified or destroyed. One thing trucking companies can and do delete are driver log data, and they discard maintenance records or repair a destroyed truck before investigators have a chance to access them.
To prevent this, an attorney must act quickly and provide legal help for truck crash victims by sending a spoliation letter. This letter legally requires the trucking company to preserve all relevant evidence. Without taking immediate legal action, key information that could prove negligence may be lost forever.Â
Black Box Data Must Be AnalyzedÂ
The majority of commercial trucks contain electronic logging devices (ELDs) or black boxes which track crucial information; including speed, braking habits, hours of service, and engine performance. This data may offer critical evidence in establishing whether the truck driver was speeding, fatigued, or otherwise acting recklessly ahead of the crash.
Accessing and interpreting data from black boxes requires specific expertise, however. Trucking companies are sometimes resistant to sharing this information, and it might take legal action to acquire it. It becomes much harder to prove liability without black box data.
Cargo Loading Issues Can Play a RoleÂ
The same factors that cause car accidents are not necessarily true for truck accidents, as improperly loaded or overloaded cargo can cause trucks to crash. Load shifting can make a truck unstable and difficult to control, especially when a truck exceeds weight limits.
Whether or not improper cargo loading played a role in a crash must be determined by reviewing weight records and how cargo was loaded and shipping documents. If the cargo was not adequately secured, the freight company or loading crew may bear partial responsibility for the accident.
Insurance Policies Are More Complicated
Commercial trucks haul high-value insurance policies, sometimes tens of millions of dollars in liability coverage. This might sound like good news for accident victims, but it creates more challenging cases to pursue because the insurance companies will vigorously fight to deny or limit their claims.
Trucking insurance companies employ teams of adjusters and defense lawyers who are trained to look for ways to blame victims or minimize their injuries. They might claim that pre-existing conditions contributed to injuries or argue that medical expenses are inflated.
Because of these tactics, victims require an attorney who knows how to combat insurance company tactics and to negotiate to reach a fair settlement.
Expert Witnesses Are Often RequiredÂ
Due to the technical and legal complexities of truck accident cases, expert witnesses are often necessary to strengthen a claim. These experts may include:
- Accident reconstruction specialists to analyze how the crash occurred
- Medical experts to explain the severity of injuries and long-term medical costs
- Trucking industry experts to testify about violations of safety regulations
Hiring expert witnesses adds another layer of complexity to truck accident cases, but their testimony can be crucial in proving liability and securing fair compensation.
Cases Often Take Longer to ResolveÂ
Truck accident claims take longer to settle than regular car accident claims due to multiple parties, high-value claims, complicated regulations, and aggressive legal defenses. Insurance companies and trucking companies will stall negotiations in hopes that victims will capitulate to demands for a smaller settlement out of desperation.
In some cases, these delays have forced victims to take their cases to trial, which can only prolong the process. That’s why victims need to work with an attorney who has the experience and resources to demand timely resolutions while pursuing maximum compensation.
