Truck accidents can cause devastating injuries and damages, and pursuing legal action is often necessary to recover compensation for those affected. However, it is important to understand that truck accident lawsuits differ significantly from car accident lawsuits.
Truck accidents involve complex liability issues, federal and state regulations, and higher insurance coverage, among other factors. As such, it is crucial to have an experienced truck accident lawyer who understands these differences and can navigate the legal process effectively.
In this article, we will explore the differences between truck accident lawsuits and car accident lawsuits to help you better understand the importance of hiring an experienced truck accident lawyer for your case.
Severity of Injuries
TorHoerman Law notes that truck accidents are more prone to causing severe injuries or fatalities. This is possibly due to the considerable size of the tractor-trailer vehicle, which typically inflicts greater damage than smaller vehicles.
For example, a recent incident in St. Louis involved a multi-vehicle accident that included police cars and a semi-truck, resulting in several officers being injured. As per a KMOV4 report, three officers were taken to the hospital, with one trooper and a Glendale officer receiving treatment and being released. The truck driver was taken into custody on suspicion of driving under the influence of alcohol or drugs and possession of a controlled substance.
The compensation awarded in truck accident lawsuits is generally higher than that in car accident lawsuits. An experienced truck accident lawyer can help ensure that all the damages and losses resulting from the accident are accurately assessed and included in the compensation claim.
Complexity of Liability
Proving liability in truck accident lawsuits is often more complex than in car accident lawsuits. According to Forbes Advisor, while the truck driver may be held accountable for an accident, other legal avenues may also arise in truck accidents. This could involve examining the truck’s training and maintenance and the company responsible for its operation.
It’s essential to investigate the driver’s background and reason for being on the road. Additionally, external factors such as the condition of the highway infrastructure may allow for establishing liability against government entities.
An experienced truck accident lawyer can work with investigators, accident reconstruction experts, and other professionals to build a strong case and hold all liable parties accountable.
Federal and State Regulations
Trucks are subject to federal and state regulations that do not apply to cars, covering areas such as truck maintenance, driver qualifications, and hours of service. Compliance with these regulations is crucial in determining liability in truck accident cases.
Violations of these regulations, such as failing to properly maintain the truck or allowing a fatigued driver on the road, can significantly contribute to the cause of an accident.
An experienced truck accident lawyer can navigate these regulations and hold parties accountable for any violations that led to the accident.
Insurance Coverage
Trucking companies typically carry higher insurance coverage than individual car drivers due to the higher risks involved. The insurance policies for trucks are also more complex and can involve multiple insurers.
Understanding the insurance coverage and identifying all possible sources of compensation is crucial in maximizing the recovery for truck accident victims. An experienced truck accident lawyer can work with insurance adjusters and legal teams to negotiate a fair settlement or take the case to court if necessary.
They can also help accident victims navigate the complex insurance process and ensure that they receive the compensation they deserve.
Investigative Resources
Truck accidents often require more extensive investigation than car accidents. Specialized investigative resources such as accident reconstruction experts and trucking industry experts may be required to determine the cause of the accident and the parties responsible.
These experts can analyze the accident scene, review driver logs and maintenance records, and provide valuable testimony in court. An experienced truck accident lawyer will have access to these resources and can use them to build a strong case on behalf of their clients.
They can also work with law enforcement agencies to ensure that critical evidence is preserved and that the investigation is thorough.
Statute of Limitations
The statute of limitations for truck accident lawsuits may differ from car accident lawsuits. In some cases, the statute of limitations may be shorter for truck accidents, making it important to file a claim promptly. This is because truck accident cases may involve multiple parties and require more extensive investigation, which can take time.
In the multi-vehicle accident mentioned above, a St. Louis trucking accident lawyer can help their clients understand the statute of limitations and ensure that their claim is filed within the appropriate time frame. Failing to file a claim within the statute of limitations can result in the loss of the right to pursue compensation.
Damages Awarded
In the largest truck accident settlement, according to Legal Desire, a jury awarded an East Texas family $730 million, including $250 million in punitive damages, in a wrongful death lawsuit in 2021. The incident, which took place in 2016, involved a 73-year-old driver, a semi-truck carrying an oversized load, and a pilot company.
The court documents state that the semi-truck was traveling in the northbound lane over a bridge when the victim entered the same lane and was killed in the resulting collision.
In addition to the higher compensation, truck accident lawsuits may also involve punitive damages. Punitive damages are intended to punish the defendant for their negligence or wrongdoing and can be awarded in cases where the defendant acted with gross negligence or intentional harm.
This is another important difference between truck and car accident lawsuits. Punitive damages are not typically awarded in car accident cases, but they can significantly increase the compensation awarded in truck accident cases.
Conclusion
Truck accident lawsuits are significantly different from car accident lawsuits. It is important to understand these differences and seek the help of an experienced truck accident lawyer to ensure that your legal rights are protected and to obtain the maximum compensation for your injuries and damages.
With their expertise and knowledge, a skilled truck accident lawyer can guide you through the legal process and help you navigate the complex issues involved in truck accident cases.
