How Truck Accident Claims Are Different From Car Accident Claims
Although both truck accidents and car accidents involve motor vehicle collisions, the legal claims that follow are far from the same. Truck accident claims are often more complicated, involve more parties, and require a deeper investigation than the average car accident case. Understanding these differences can help accident victims appreciate why it is important to work with an attorney experienced in handling commercial trucking litigation.
Truck Accidents Often Result In More Severe Injuries
One of the most significant differences is the severity of the collision. Commercial trucks can weigh up to 80,000 pounds when fully loaded, making them dramatically larger and heavier than passenger vehicles. Because of this size disparity, truck accidents often result in catastrophic injuries, including traumatic brain injuries, spinal cord injuries, severe fractures, burns, and fatalities. The substantial damages associated with these injuries frequently lead to larger and more vigorously contested claims.
Liability is another key distinction. In a typical car accident, responsibility usually lies with one or both drivers. Truck accident claims, however, often involve multiple potentially liable parties. Depending on the circumstances, the truck driver, trucking company, vehicle owner, maintenance provider, cargo loading company, or even the manufacturer of a defective truck component may share responsibility for the collision. Under Tex. Civ. Prac. & Rem. Code Chapter 33, Texas follows a proportionate responsibility system that allows fault to be allocated among multiple parties.
Evidentiary Standards
Truck accident claims also require the collection and preservation of evidence that is rarely available in ordinary automobile accident cases. Commercial trucking companies maintain extensive records, including driver qualification files, maintenance logs, inspection reports, dispatch communications, and electronic logging device (ELD) data. Many commercial trucks are also equipped with event data recorders that capture valuable information regarding speed, braking, steering inputs, and other vehicle operations immediately before a crash. Because some of these records are only retained for limited periods, it is critical to preserve evidence as early as possible.
Unlike most passenger vehicle accidents, truck accident claims are heavily influenced by federal safety regulations. The Federal Motor Carrier Safety Administration (FMCSA) regulates nearly every aspect of the commercial trucking industry, including driver qualifications, hours-of-service limits, vehicle inspections, maintenance requirements, and cargo securement. These regulations are primarily found in 49 C.F.R. Parts 350–399. Evidence that a trucking company or driver violated these safety rules may help establish negligence and strengthen an injured person’s claim.
More Complicated Insurance Policies
Insurance issues are also considerably different. Commercial trucking companies are generally required to carry substantially higher liability insurance limits than private motorists due to the increased risk associated with operating large commercial vehicles. While larger insurance policies may provide greater compensation for injured victims, trucking insurers often respond aggressively by dispatching investigators, accident reconstruction experts, and defense attorneys immediately after a serious collision. Their goal is frequently to minimize liability and reduce the value of any potential claim.
IF YOU’VE BEEN HURT IN A CAR, TRUCK, OR MOTORCYCLE ACCIDENT, CONTACT THE LAW OFFICE OF BRIAN BRUNSON TODAY FOR YOUR FREE CONSULTATION.
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.
