How are Car and Truck Accident Lawsuits Different?

Any vehicle accident is a traumatic experience, but an accident involving a truck can be especially difficult. Injuries and property damage are often worse in a truck accident, plus other things like insurance claims can be more complicated.

In this article, our West Virginia truck accident lawyers explain some of the unique issues surrounding truck accidents and why you need an experienced attorney to help navigate them.

How are Car and Truck Accidents Different?

Car and truck accidents are different in key ways. Here are some of them.

Size and Weight of Commercial Trucks

Because commercial trucks are so much larger than passenger cars and trucks, they do a lot more damage to the other vehicle in an accident. They also frequently cause greater injuries, and a higher percentage of accidents involving trucks result in fatalities as well. 

These problems are exacerbated by the fact that large trucks are harder to maneuver quickly than passenger vehicles, which makes it more difficult for truck drivers to avoid accidents.

Regulatory Compliance

States and the federal government heavily regulate the commercial trucking industry, and these regulations come into play in an accident that involves a commercial truck. 

For example, the Federal Motor Carrier Safety Administration’s Hours of Service Rule limits the amount of time a commercial truck driver can stay behind the wheel before taking a break. Among other things, the rule requires drivers to take a break of at least 30 consecutive minutes after eight cumulative hours of driving time. It also requires drivers to spend at least 10 hours off duty in a 24-hour period.

Other state and federal regulations govern things like vehicle maintenance and inspection requirements, alcohol and drug testing, safe loading of trucks, and maximum truck length and weight. Any of these rules, if ignored, could cause an accident.

Evidence and Investigations

In part because of all the regulations involved, an accident involving trucks often requires more extensive investigation. This could include obtaining truck inspection records, driver logs, data from the truck’s “black box”, and dash cam or traffic cam footage. Of course, all of the standard investigation techniques must be employed as well, such as interviewing witnesses, assessing road and weather conditions, etc.

Investigations can be stymied by an uncooperative trucking company. Some unscrupulous companies have been known to quickly dispatch employees to the scene of an accident and attempt to coach witnesses, hide incriminating evidence, falsify the driver’s log book to hide Hours of Service Rule violations, etc. All of this makes life difficult for victims trying to obtain information that could indicate culpability on the part of the driver or company, and it highlights the importance of an experienced car accident attorney who can help you protect your rights.

Are Damages Different in a Truck vs. Car Accident?

Because injuries are often more severe in truck accidents, damages are often higher as well. Any vehicle accident can involve broken bones, concussions, spinal cord injuries, and internal bleeding, among other things. 

However, because of the size and weight of a commercial truck, a victim is more likely to suffer more severe injuries. These injuries can cause both short- and long-term effects and result in extensive medical bills, loss of income, and other damages.

A related issue with truck accidents has to do with insurance coverage. Commercial trucking companies and truck drivers carry commercial trucking insurance policies that are typically larger and more complicated than personal auto insurance policies. In addition, trucking companies often carry multiple types of coverage that apply to different situations.

Are Truck Accident Lawsuits More Complex?

Because of all of the factors mentioned above, including damages, regulatory compliance, and insurance issues, truck accident lawsuits are often more complex than lawsuits stemming from passenger vehicle accidents.

Among other things, your attorney will have to investigate the cause of the accident, determine whether the driver violated any of the myriad state and federal rules pertaining to the trucking industry, and deal with the trucking company’s insurance company, which likely will not be cooperative when it comes to turning over potentially damaging information. 

In addition, the attorney will need to determine which of your damages are covered by the truck driver’s personal insurance and which are covered by the trucking company’s insurance. The responsible parties will also need to be sorted out, potentially including the truck driver, the trucking company, the truck manufacturer (especially if a mechanical defect contributed to the accident), and/or the company whose employees loaded cargo into the truck before the accident.

Finally, although many commercial truck insurance policies have high coverage limits, the trucking company will almost certainly try to settle for much less. Your attorney will have to fight for all you are entitled to, especially if you suffered catastrophic injuries, your vehicle was totalled, or both.This is why, if you were involved in an accident with a truck, you need an injury attorney who is well-versed in the laws, regulations, and evidence-gathering necessary to establish liability on the part of the parties responsible.