While they share many similarities, there are several notable differences between truck accidents and car accidents when it comes to pursuing a personal injury claim. Truck accidents bring unique challenges, including severe injuries, complex liability issues, and state and federal regulations that don’t apply to personal vehicles.
The experienced trucking accident attorneys at Holland Injury Law, LLC, are dedicated to helping clients understand the complicated and often challenging process of pursuing these claims. Take a look at this guide for a better idea of what separates them from standard car accident cases.
Injuries Are More Severe
The size and weight of commercial trucks significantly eclipse those of a typical passenger car. While the average car weighs around 4,000 pounds, large commercial trucks can reach up to 80,000. This massive difference means that truck accidents often result in:
- Catastrophic, sometimes permanent injuries
- More frequent fatalities
- More extensive property damage
The increased severity of injuries and property damage often means higher medical costs, longer recovery times, and larger claims for various forms of compensation. Insurance companies will typically fight harder to combat these claims and minimize your payout.
Multiple Parties May Be to Blame
While liability for a typical car accident tends to fall on one of the drivers involved in the crash, truck accidents have a wide range of potentially liable parties, including:
- The truck driver
- The trucking company
- Maintenance or repair companies
- Cargo loaders
- Vehicle or parts manufacturers
Because liability can fall on so many different parties, and sometimes on multiple parties at once, pursuing a claim requires in-depth investigation and an experienced truck accident attorney.
Federal and State Regulations Are Involved
Truck drivers and trucking companies must follow strict rules set by the Federal Motor Carrier Safety Administration (FMCSA). These regulations include:
- Hours-of-service limits
- Vehicle maintenance and inspection requirements
- Load limits and securement rules
Violations of these regulations can provide key evidence in a truck accident claim, which means your attorney must not only understand FMCSA regulations but also thoroughly investigate both the driver and the trucking company for violations when establishing liability.
There Are Complex Insurance Policies
Trucking companies carry commercial insurance, which often has higher coverage limits than personal auto insurance. While this can mean larger settlements, it also means insurance companies will fight harder to prevent payouts, and negotiating for a fair settlement can be more complicated. Truck accident attorneys must have a thorough understanding of commercial coverage and the tactics insurers who provide it employ to protect their profits.
There Are Unique Forms of Evidence
All successful personal injury cases are built on a foundation of substantial evidence. Truck accidents offer various forms of evidence unique to these cases, which can complicate the process of building a compelling claim. Evidence can include:
- Black box data
- Driver logs
- Electronic logging device data
- Dispatch records
- Maintenance and inspection records
- Cargo and load documentation
Trucking companies may attempt to hide, alter, or destroy this evidence, although it’s illegal to do so. That’s why prompt legal action is crucial. An experienced attorney can file a motion to preserve evidence and request court orders compelling the trucking company to produce documents and electronic data.
Contact a Missouri Truck Accident Lawyer Today
Truck accident claims may be more complicated and challenging than a typical car accident claim, but that doesn’t mean you shouldn’t fight for the compensation you deserve. The team at Holland Injury Law, LLC has extensive experience holding negligent parties responsible in these often catastrophic accidents. We’ve recovered over $300 Million for our 7,000+ clients, and we’re prepared to seek justice on your behalf. Contact us today for your free consultation.