How Truck Accident and Car Accident Claims Differ
Injury claims involving common passenger vehicles are handled much differently than those involving large trucks such as 18-wheelers and semis. From understanding laws governing drivers and their responsibilities, to producing the necessary documentation to pursue compensation, there is much to be gained by retaining an experienced truck accident lawyer.
Trucking accident cases are often more complex and bound by stricter time constraints compared to motorcycle or vehicle crashes. Although tractor trailers and other commercial trucks are responsible for a small portion of Louisiana’s traffic accidents, their sheer size increases the likelihood of catastrophic and even fatal injury. Beyond the severity of injuries and property damage, here are a few other ways that truck accident claims are different.
Liability issues
Commercial vehicle drivers and trucking companies must adhere to regulations set forth by the Federal Motor Carrier Safety Administration pertaining to driver training, shift limits, inspections, maintenance and proper loading of cargo. If you are in an accident with a large truck, liability is not always cut and dry. If evidence shows that FMCSA regulations were ignored, the driver did not possess the correct license or training, or the truck wasn’t roadworthy, the trucking company and other entities may face legal responsibility for the ensuing damages.
In-depth investigations needed
A significant amount of evidence is needed to prove whether the truck driver or the employing company was compliant with industry standards and regulations, or whether negligence was a factor. A skilled attorney will investigate all sources of information, including but not limited to:
- The truck’s onboard communications systems
- Driver’s logbook
- Maintenance history and records
- Records of routine inspections and repairs
- Driver’s training file and licensing
- Dispatch instructions and bills of lading
Larger insurance policies
The legal weight for the average tractor trailer is 80,000 pounds. By comparison, the average passenger vehicle weighs just 4,000 pounds. When the two collide, permanent, debilitating injuries are not uncommon, and medical expenses can climb into the hundreds of thousands of dollars. Trucking companies realize and attempt to mitigate this risk by carrying massive liability insurance policies. As a result, truck accident lawsuits typically net higher compensation awards, particularly if the victim requires months of hospitalization and medical treatment.
Trucking companies will assign senior insurance adjusters to the case, who are trained to reduce liability, regardless of who is actually to blame.
Increased chance of fatality
According to the Insurance Institute for Highway Safety, some 4,000 Americans die in trucking accidents every year. Over the last 8 years, the number of people who died in large truck accidents has risen 30 percent. The grim reality is that a collision with an 18-wheeler is more likely to result in death compared to a crash involving two cars. The sudden loss of a loved one is horrific enough without taking on the financial hardships that can accompany this loss.
Speak to a Lafayette truck accident attorney
If you or someone you love needs assistance filing a truck accident claim in Louisiana, you need a lawyer you can count on. Attorney Bart Bernard understands the intricacies of trucking accident cases and can improve your chances of securing justice and fair compensation.
Reach out for a free case evaluation today and Hit Hard with Bart Bernard™.
Additional Resources:
- Truckers Report, Facts About Trucks – Everything You Want To Know About Eighteen Wheelers https://www.thetruckersreport.com/facts-about-trucks/
- Insurance Institute for Highways Safety, Large Trucks 2017 https://www.iihs.org/iihs/topics/t/large-trucks/fatalityfacts/large-trucks
In the aftermath of a truck accident, you may find yourself burdened with injuries, medical bills, lost time from work, and, in the tragic case of the loss of a loved one, funeral costs. If the insurance company is dragging its heels or pressuring you to accept a lowball offer, you may also be considering hiring a lawyer. But how much does hiring a lawyer cost?
Truck drivers move products all over the country. Long-haul trucks often drive all night to get the cargo where it needs to go. But if truckers stay on the road too long without a break, the consequences can be disastrous. Big rigs and tractor-trailers are known to cause some of the most dangerous accidents on the road.
Trucks, tractor-trailers, semis, and buses can be more dangerous to each other and to other vehicles than cars can. Why? Because they have “no zones.” No zones are the blind spots where even the most attentive truck driver cannot see other vehicles. As a result, the drivers have no idea that another vehicle is there. They may move into another lane, back up, or make other moves that they assume are safe – but that can be dangerous and even fatal to other motorists.
