Why Truck Accident Cases Are More Complex Than Car Accidents
Truck accidents are among the most devastating incidents on the road. They involve larger vehicles, more severe injuries, and intricate legal implications. While all motor vehicle accidents require careful handling, truck accidents present unique challenges that make them significantly more complex than car accidents. At McGilberry & Shirer, we specialize in navigating these complexities to secure the justice and compensation our clients deserve.
1. The Size and Weight Disparity
Commercial trucks can weigh up to 80,000 pounds when fully loaded, compared to an average passenger car weighing about 4,000 pounds. This massive size and weight difference significantly increase the severity of truck accidents.
- Impact on Victims: Due to the truck’s size, collisions often result in catastrophic injuries or fatalities. Common injuries include traumatic brain injuries, spinal cord damage, and severe fractures.
- Damage Costs: The financial toll is much higher, including medical bills, vehicle repairs, and lost wages.
Supporting Data:
- According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks were involved in over 5,000 fatal crashes in 2021.
- Injuries from truck accidents are often life-altering, leading to millions in long-term medical expenses.
2. Multiple Parties May Be Liable
In a car accident, liability typically rests with one of the drivers involved. In a truck accident, multiple parties may share responsibility, including:
- The Truck Driver: For negligent driving, such as speeding or driving while fatigued.
- The Trucking Company: For unsafe practices like overloading or improper maintenance.
- The Cargo Loader: If improperly secured cargo causes an accident.
- The Manufacturer: If a mechanical defect, such as brake failure, contributes to the crash.
Why This Matters:
Determining fault in a truck accident is far more complex than in a car accident. Each liable party has its own insurance company and legal team, making the claims process challenging.
3. Federal Regulations Add Complexity
The trucking industry is governed by strict federal regulations set by the FMCSA, which dictate:
- Hours of Service: Drivers are limited in how many hours they can drive to prevent fatigue.
- Vehicle Maintenance: Trucks must undergo regular inspections and maintenance.
- Cargo Limits: Restrictions on weight and how cargo is loaded.
Legal Implications:
When pursuing a truck accident claim, it’s essential to examine whether any federal regulations were violated. A skilled attorney can identify regulatory breaches and use them to strengthen your case.
4. Insurance Policies Are More Complicated
Truck drivers and trucking companies often carry multiple, high-value insurance policies. While this may seem advantageous, it introduces complications:
- Higher Policy Limits: Insurance companies aggressively defend against large claims.
- Multiple Policies: Determining which policy applies and in what proportion requires thorough investigation.
- Delays and Denials: Insurers may delay processing claims or attempt to minimize payouts by disputing liability.
Example:
If both the driver and trucking company are insured separately, your attorney must navigate two insurance claims to secure full compensation.
5. Evidence Collection Is More Extensive
Truck accident cases require detailed evidence to establish liability and damages. Some critical types of evidence include:
- Electronic Logging Devices (ELDs): Record the driver’s hours and compliance with federal regulations.
- Maintenance Records: Show whether the truck was properly maintained.
- Black Box Data: Captures speed, braking, and other metrics at the time of the crash.
- Surveillance Footage: From traffic cameras or nearby businesses.
- Cargo Records: Confirm if the truck was overloaded or improperly loaded.
Challenges:
Trucking companies often have legal teams that quickly work to secure evidence, sometimes making it difficult for victims to access vital information. An experienced attorney can file preservation orders to prevent evidence from being destroyed.
6. Severity of Injuries and Damages
Truck accidents often result in more severe injuries compared to car accidents. This leads to higher stakes when negotiating settlements or pursuing lawsuits.
Types of Damages:
- Economic Damages: Medical expenses, lost wages, and property damage.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of consortium.
- Punitive Damages: In cases of gross negligence, such as driving under the influence.
Average Settlements:
- According to Legal Finance Journal, truck accident settlements can range from $500,000 to over $5 million, depending on the circumstances.
7. Trucking Companies Have Aggressive Legal Teams
Trucking companies often deploy experienced legal teams and investigators immediately after an accident to protect their interests. They aim to minimize liability and reduce payouts.
Strategies They Use:
- Shifting blame to the victim.
- Disputing the severity of injuries.
- Using recorded statements against you.
How an Attorney Can Help:
A skilled lawyer will counter these tactics by building a strong case, leveraging expert witnesses, and negotiating aggressively on your behalf.
8. Time-Sensitive Investigations
In truck accident cases, time is critical. Evidence such as black box data and maintenance records can be lost or destroyed if not secured promptly.
The Role of an Attorney:
- Filing immediate preservation letters to prevent the destruction of evidence.
- Conducting on-site investigations to document conditions and gather witness testimony.
How McGilberry & Shirer Can Help
At McGilberry & Shirer, we understand the complexities of truck accident cases and have the experience to navigate them effectively. Here’s how we can assist:
- Comprehensive Case Evaluation: We’ll review the facts and provide clear guidance on your legal options.
- Evidence Collection: Our team has the resources to gather and analyze critical evidence, from black box data to maintenance logs.
- Negotiation and Litigation: Whether through negotiation or trial, we’ll fight to secure the compensation you deserve.
- Expert Network: We work with accident reconstructionists, medical professionals, and economists to build a compelling case.
Real Client Success Stories
Case Study: Overloaded Truck Accident
A client suffered spinal injuries in an accident caused by an overloaded truck. McGilberry & Shirer uncovered violations of FMCSA cargo regulations and secured a $1.8 million settlement.
Case Study: Driver Fatigue Incident
Our client sustained a traumatic brain injury due to a truck driver falling asleep at the wheel. We used ELD data to prove the driver exceeded legal hours and obtained a $2.5 million verdict.
Take Action Today
If you or a loved one has been injured in a truck accident, don’t face the complexities alone. The attorneys at McGilberry & Shirer are here to help. Call us today at 972-764-8675 for a free consultation. We’ll fight tirelessly to ensure you receive the justice and compensation you deserve.
