Seeking Compensation After a Truck Accident?
Truck accidents are not like the average car crash. If you have ever driven past the aftermath of a truck wreck on the highway, the scene probably included mangled metal, shattered glass, and traffic backed up for miles. As for filing a personal injury claim, the differences between a truck accident and the typical car accident are not only skin deep – they are fundamental.
Our Texas truck accident attorneys understand that a truck accident claim needs a strategy all its own, built around the high stakes and unique challenges of these cases. The following is what makes truck accidents so different from car accidents and why it matters to have a legal team that knows the terrain:
More Damage, Higher Stakes
A fully loaded 18-wheeler can weigh up to 80,000 pounds, while the average passenger car weighs 4,000 pounds. In a collision between a large commercial truck and a passenger car, occupants of the smaller vehicle are likely to suffer severe injuries. Truck accident victims who survive are often left facing years of medical treatment, lost wages, permanent disability, and emotional trauma.
Due to the severity of the injuries, most truck accident claims involve much higher compensation. The stakes are higher for everyone involved, including insurance companies, and they will fight hard to pay out as little as possible.
More Parties, More Complications
The typical car accident involves one at-fault driver and their insurance company. In truck accident cases, on the other hand, there may be multiple potentially liable parties, which may include the following:
- Truck driver
- Trucking company
- Third-party maintenance provider
- The company that loaded the cargo
- Manufacturer of a faulty truck part
Multiple insurance providers may also be involved. Each party that may bear some responsibility for the crash will have a legal team ready to deny liability and deflect blame. Determining who is responsible for a truck accident requires thorough investigation, technical knowledge, and grit.
Complexity of Commercial Trucking Laws
Car accidents are usually governed by state traffic laws. Commercial trucks are regulated at the state and federal levels, with oversight from the Federal Motor Carrier Safety Administration (FMCSA). Truck drivers and trucking companies are subject to strict regulations regarding various aspects of their operations, including the following:
- Hours of service (limitations on how long a driver can be behind the wheel without rest)
- Maintenance and inspections
- Driver qualifications and training
- Drug and alcohol testing
- Cargo weight and securement
There are more rules, more paperwork, and more room for violations that could impact your case. If a trucking company or driver violated regulations or cut corners, which occurs more often than you might suspect, it could play a significant role in establishing fault. However, uncovering violations is not easy. You need someone who knows where to look and how to secure evidence before it disappears.
Vanishing Evidence
Truck accident cases can turn cold fast if you do not act quickly. Much of the critical evidence you need is in the hands of the trucking company or the driver, including log books, black box data, maintenance records, and GPS tracking. Truck accident cases often hinge on complex technical data, unlike simple car accidents, where you may rely on a police report, photos, and witness statements.
Trucking companies will not be eager to share the data they have. Legally, they are only required to preserve some information for a limited time. If you wait too long to act, the evidence could be lost or deliberately destroyed.
It is essential to send a “spoilation letter” as soon as possible. Also known as a preservation letter, this is a formal notice sent to parties involved in a potential lawsuit, demanding they save evidence from destruction or alteration. If the recipient violates the spoilation letter and tampers with the evidence, and your attorney informs the court of that fact, the court can take the appropriate action.
Bigger Insurance Companies, Bigger Fights
Commercial trucking companies are required to carry much larger insurance policies than the average driver because of the potential for massive damage. These policies have limits of millions of dollars. In theory, this is good news for truck accident victims. In practice, going up against highly motivated insurance adjusters backed by seasoned defense attorneys aims to limit financial exposure.
Common tactics include attempting to shift blame onto the victim and questioning the severity of the injuries. Insurers may push for a quick settlement, hoping you will accept a lowball offer before you understand what your case is actually worth. Without an experienced truck accident attorney on your side, you could end up settling for a fraction of what is needed to rebuild your life.
Expert Witnesses Required
Truck accident claims often rely on expert witnesses. These experts may include accident reconstruction specialists, medical professionals, trucking industry experts, and engineers qualified to analyze factors such as braking distances and cargo shifts. They can help establish how the crash occurred, who was at fault, and the long-term impact of the injuries.
Expert witness testimony can mean the difference between a lowball settlement and a life-changing verdict. However, these experts do not come cheap. You need a law firm with experience in truck accidents that is not afraid to invest in your case.
Settlement vs. Trial
Most car accident claims are settled quickly out of court. While some truck accident claims are settled, some end being litigated because the stakes are higher, and liability is more complicated. Trucking companies and their insurers are more likely to fight hard. They will deny fault, challenge every medical bill, and make you work for every dollar.
You need a team of seasoned trial lawyers ready to stand up in court and make your case to a jury if necessary. DJC Law is a Texas law firm dedicated to helping truck accident victims win their claims. Call us at (888) 853-8169 to find out how we can help you.
