A common misconception among many people is that a truck collision should be handled the same way as any other automobile accident. But compared to car or motorbike accidents, truck accidents are significantly different. They not only have a higher likelihood of causing significant death or injury but also necessitate a more strategic and vigorous response.

This blog gives a detailed guide on the differences between car and truck accidents in personal injury cases.

The Trucking Industry is Heavily Regulated

Holders of Commercial Driver’s Licenses (CDLs), including truck drivers, are subject to stricter regulations when driving any automobile on public roadways.

Although state laws may differ, federal trucking regulations apply throughout the country. Trucking firms, truck drivers, and everyone working in the sector must abide by local, federal, and state laws to operate legally.

The Federal Motor Carrier Safety Administration (FMCSA) has several provisions that trucking companies and drivers must observe. These rules cover a range of trucking subjects, such as:

  • The requirement for drivers to follow all specified speed limits and street signs
  • The maximum amount of hours a driver can operate in a single day
  • Rest regulations for the drivers
  • Hiring practices for trucking companies
  • Regular logbook maintenance

In truck accidents, a state, local, or federal law was most certainly violated, and showing a violation of the law increases the afflicted person's chances of obtaining compensation for their losses.

These regulations also compel truck drivers to have higher insurance coverages than regular drivers to compensate victims of truck accidents.

Following a truck crash, it is essential to retain a skilled personal injury lawyer who is acquainted with and knowledgeable about these regulations because they frequently play a significant role in truck accident cases.

Regulations That Only Extend to Truck Accidents

Specific statutes and guidelines apply to truck drivers that don't apply to regular drivers, such as:

  • Truck drivers are constitutionally barred from operating a vehicle with a blood alcohol content (BAC) greater than 0.04 instead of the usual 0.08
  • As per hours-of-service standards, truck drivers are not allowed to drive well over 11 hours each day, remain at work for over 14 hours each day, or operate the vehicle without taking a minimum of 10 hours of uninterrupted rest
  • Record-keeping regulations require truck operators and trucking firms to maintain thorough documentation of driver credentials, alcohol and drug tests, truck service logs, and hours-of-service conformance

Several Factors Can Play a Role in Causing Truck Accidents

Many things could go wrong with a truck on U.S. roads and highways. Numerous factors could be at play, including the state of the roads, careless driving, and speeding. Accidents involving trucks can be caused by different things, such as equipment issues, poor maintenance, or poor weather or road conditions.

Equipment issues like faulty mechanisms can cause or add to the complexity of truck accidents. Poor maintenance of the tires, brakes, and steering wheel can also increase the likelihood of an accident.

These issues could be attributable to the truck companies or truck owners, including removing or disabling the front brakes to lessen the wear and tear or cutting replacement costs.

Weather conditions, poor road design, and damaged traffic signals can all play a role in these accidents.

Also, one mistake could lead to the next. A driver could be exhausted since they surpassed the hours of service limits. Consequently, the employer might have pressured them into working beyond their hours.

Due to many entities and legal issues in truck accident proceedings, these details must be carefully examined to determine the root cause and all responsible parties. Identifying the actual cause of a truck accident could entail investigating the accident scene, the employee's driving record, the company's history of breaches, and truck safety assessments.

The Evidence Used in Truck Accident Cases is Different

For other types of automobile accidents, victims can often capture the substantial evidence relevant to their cases by using their phone cameras to snap images of the accident scenes. Any pictures you capture can be helpful later on because accident scenes are usually cleaned up quickly.

Similar police reports involving car accidents are still crucial in cases involving trucks. Cell phone recordings can be helpful when a truck operator might have been negligent.

But, there are additional forms of proof that are unique to these kinds of cases, including:

  • The driver's qualifications and training files
  • Drug tests results
  • Records of operating hours
  • Maintenance logs
  • Records of truck inspections
  • Delivery documentation
  • Weight tickets
  • Onboard system downloads
  • Lading bills
  • Dispatch  guidelines

Truck Accidents Can Involve Several Insurance Companies

Each truck accident victim has a unique claim against each culpable driver or company. Many insurance providers could be involved in an 18-wheeler accident because they frequently include multiple automobiles and carry, causing severe injuries to many people.

Each insurance company has its procedures and regulations for dealing with truck accidents, and they do not look out for the interests of the aggrieved party. They will seek to undermine the claims to make the company compensate as little as possible.

A truck accident attorney can help handle these cases since they are aware of the agents' strategies to pay out less money or reject the claim entirely.

Damages Caused by Truck Accidents Could Be More Extensive

It's easier to understand how truck accidents could result in severe injury and property damage, given their sheer sizes, weights, and heavy loads they are transporting.

Accidents involving trucks are also more likely to result in fatalities and severe injuries, such as burns, traumatic brain injuries (TBIs), spinal injuries, and limb amputations. The injuries' consequences can be physiological, financial, and physical since many victims must adjust to living with an impairment following a truck accident.

Thus, the compensation for truck accident claims is typically significant because it includes the profound burden and impact of the injuries sustained.

Suppose the truck driver, manufacturer, or trucking firm did something particularly heinous that caused the incident. In that case, the court might impose punitive damages to penalize the offenders for their culpability and deter similar acts in the future.

Trucks Have Higher Insurance Coverage

Compared to cars, trucks need a lot more insurance protection. Truck insurance rates can range from hundreds of thousands to several million dollars based on the kind and capacity of the truck.

The risks that semi-trucks present on the road necessitate substantially greater insurance coverage. In a crash with a truck, there is a high chance of significant losses and casualties, necessitating substantially higher compensation amounts.

General liability coverage for truckers typically includes protection against property damage and bodily injury. Therefore, their insurance would assist in covering the victims' medical expenses if they were to cause an accident, injure them, or cause property damage.

Victims of Truck Accidents Need More Compensation

Compensatory damages would assist in covering expenses related to the accident.

  • Medical bills
  • Physical rehabilitation
  • Lost income and potential earnings
  • Pain and suffering
  • Emotional and mental suffering
  • Loss of life's enjoyment

Compensation could be available to cover the related damages if there are any fatalities due to the truck crash. The deceased's family or another representative could submit a wrongful death claim on their behalf in the event of a fatality. Although money cannot make up for the death of a beloved one, it could assist with funeral costs, hospital bills, and other costs.

Fatal truck accidents often involve multiple motor vehicles. This implies that several people may be eligible for compensation for medical expenses and lost wages. With several people suing the responsible party for restitution, it would be difficult to obtain the total compensation amount for which you're eligible.

Truck Accident Cases Often Involve Several At-Fault Parties

In a regular car collision, either a single party is held responsible, or both parties share the blame. However, determining the faulty party in truck accidents is more challenging. A truck accident is most likely to occur on fast-moving roadways packed with several types of vehicles.

Unfortunately, when a truck gets involved in a road accident, chances are other passenger vehicles nearby will be significantly affected. Not only are the consequences of this accident severe, but identifying the party at fault could be a logistical headache.

Big rigs and semi trucks are one of the main factors contributing to traffic-related fatalities in the US. California, for instance, has witnessed some of the most devastating truck accidents in the United States.

An 18-wheeler or tractor-trailer can weigh between twenty to thirty times more than a regular car. Commercial trucks are considered dangerous because of their weight and size and almost certainly will wreck smaller passenger vehicles in a crash.

The weight and size of these trucks alone raise the risk of fatal and severe injuries. You must file a claim to obtain damages compensation if you got involved in a truck accident. Several parties would be at fault in truck accidents.

  • Employer of the truck driver
  • The government body in charge of maintaining the roadways
  • The vehicle's owner
  • The person in charge of truck maintenance
  • Manufacturers of truck parts
  • The person in charge of loading the truck
  • The cargo's proprietor

To seek compensation from the responsible parties, you should demonstrate their negligence. If the party acted negligently, they would owe you a duty of care, which they violated, resulting in your subsequent losses and injuries. Determining who is to blame for the crash can be extremely difficult because several parties could be held accountable.

Determining At-Fault Parties in a Truck Accident

Several factors can contribute to truck accidents, including some that are no-fault. California is a comparative negligence jurisdiction, implying that an at-fault motorist could be able to submit a personal injury claim for compensation even if they were partially to blame for the truck accident.

While several parties may be held legally responsible for the damages and injuries suffered by truck accident victims, determining liability will often entail one or both legal principles: strict liability and negligence.

Any trucker found negligent under California law is liable for damages and losses caused to another motorist. The victim of a careless truck driver has the right to pursue a personal injury claim.

However, the offended party should demonstrate that the truck driver's actions were irresponsible and negligent of their duty of care.

According to California's strict liability regulation, any corporation engaged in the distribution chain of a product, including manufacturers, designers, and distributors, would be held accountable if any of their defective items contributed to a truck crash. In strict liability instances, negligence won't be considered when deciding blame because any corporation could be held responsible for causing any errors that led to the truck crash.

In truck accidents, the following parties would be considered to be at fault:

  • The Truck Driver

State and federal laws and rules apply to all trucks to reduce the risks of accidents. However, truck drivers usually face tremendous pressure to achieve their targets. This would force them to undertake negligent or reckless actions to maintain their deadlines.

  • The Trucking Company

Trucking firms may deliberately or recklessly break transportation rules or safety regulations to boost their profits. If these breaches contribute to a truck accident, the firm could be held accountable for any damages or injuries sustained.

  • Truck Manufacturers

These are the manufacturers, designers, or corporations involved in the distribution chain of a product. They would be liable for the incident if a faulty truck part contributes to or causes a truck accident.

  • Other Motorists

A driver, or a group of motorists, could also bear partial liability for causing a truck accident. However, the injured motorist who is considered to be partially at fault in a truck collision could still be able to receive some compensation.

Determining the Settlement Amount

In most cases, serious injury victims would require both urgent medical treatment and expensive, long-term medical therapy. In some instances, individuals cannot work anymore or have been unable to do so for an extended period, resulting in financial challenges. Adding the high medical costs can quickly devastate the individual's financial status.

Because of this, it's crucial to hire a professional truck accident attorney to assist you in obtaining reasonable compensation for the damages and injuries resulting from the truck accident. These agreements vary from case to case, but some of the factors considered are:

  • The severity of the injuries sustained
  • Wrongful death
  • Lost earnings
  • Amount of cumulative medical bills
  • The value of damaged property
  • Future costs, such as maintenance care to recuperate from injuries

Damages in Car and Truck Accident Cases Differ

Trucks are enormous. They could carry loads of up to hundreds of pounds. These loads make them more challenging to maneuver, even when the vehicle needs to accelerate or slow down.

Reduced mobility can result in losing control and fatal accidents. Because trucks and cars are so drastically different in size, truck accidents can result in far more severe damage than those involving passenger vehicles. This includes:

  • Damage to property
  • Physical injuries
  • emotional or mental trauma

Truck crashes are also far more prone to result in the death of passengers or drivers of other smaller cars.

In these circumstances, the increasing amount of compensation also entails an increase in the complexity of the overall case. You could benefit from additional medical care and evidence.

To estimate long-term losses from a truck collision, you're also much more inclined to seek the assistance of an expert. These intricate difficulties can all be resolved with the assistance of a truck accident attorney.

The Trucking Company Will Fight Aggressively Against You

After a collision, representatives from the trucking company can be brutal and may send accident detectives to the accident scene in a matter of hours. They might attempt to cover up digital records and logs that could hurt your case against their driver or the firm. The trucking firm can drag out the claims procedure to stretch the two-year limitation period for California truck accidents.

They could make it practically impossible to communicate with them. Their insurance adjusters might make up deadlines or request FOR official documents and hospital records (which isn't mandated and you shouldn't do).

Truck companies and insurers often contest liability, offer low settlements, or fail to negotiate, forcing the afflicted victim to file a lawsuit, thus delaying recovery.

How an Attorney Can Help Your Case After a Truck Accident

If you have been hurt in a truck crash, you do have the right to file a claim for compensation with the truck driver, the trucking firm, or their insurance providers. They will also have attorneys fighting to keep you from obtaining any compensation. You could fight back and collect the compensation you are entitled to with the help of a skilled attorney.

A lawyer can assist you in the following way:

  • Ensure you are getting the treatment you deserve
  • Complete your paperwork
  • Investigate the trucking firm
  • Engage in negotiations with insurance providers
  • Submit a lawsuit for you
  • file an appeal if necessary

Find a Personal Injury Attorney Near Me

Retaining legal representation can help you obtain the compensation you are entitled to if you were hurt in a truck accident. To succeed, you should choose an attorney who has previously handled similar cases. We at the Los Angeles Car Accident Attorney have been assisting truck accident victims across Los Angeles, and we can also help you. Call us today at 424-237-3600.