How Do Truck Accident Lawsuits Work?

Commercial truck accidents have some key distinctions from regular car accidents. Semi-truck drivers and manufacturers are held to higher standards than drivers of passenger vehicles. The truck accident lawsuits are different from regular auto accident cases. They involve more regulations and legal issues that require specialized legal knowledge. Consider consulting with an experienced truck accident attorney to help you protect your rights and ensure you receive a fair settlement.

Why Truck Accident Lawsuits Are More Legally Complex Than Car Accidents

Truck accident claims operate under different legal principles than regular car accident or personal injury cases. These differences come from several factors. Truck companies must follow federal government rules. In most cases, there are multiple liable parties involved in the accident. Truck companies also carry insurance policies with much higher settlement amounts than those for regular vehicles. Accidents involving trucks often cause greater economic damage.

Key Federal Trucking Regulations That Impact Your Case

Unlike standard car accidents, which are primarily governed by state traffic laws and basic rules of the road, commercial trucking operations are subject to the extensive Federal Motor Carrier Safety Regulations (FMCSRs) under 49 CFR Parts 300-399. The Federal Motor Carrier Safety Administration oversees this federal framework. They create additional legal standards that do not apply to regular drivers, including:

• Maximum hours of driving time: The rules provide a maximum of 11 hours of driving time within a 14-hour on-duty window for commercial motor vehicles that carry property. For commercial vehicles carrying passengers, the maximum driving time is 10 hours. The rules also place conditions on consecutive hours of duty following consecutive hours of work.
• Vehicle maintenance standards: The regulations require trucking companies to establish systematic maintenance and inspection programs. Detailed records of all repairs, inspections, and vehicle conditions must be maintained to ensure commercial trucks remain roadworthy and safe.
• Driver qualification requirements: Commercial drivers must meet significantly higher standards than regular motorists. Federal law sets strict rules for truck drivers. They must complete special training, pass a road test, and pass medical exams. The government also monitors their qualifications on an ongoing basis. These requirements are much tougher than what regular drivers need for a standard license.
• Drug and alcohol testing protocols: Trucking companies must implement comprehensive testing programs. These programs include pre-employment testing, random testing, post-accident testing, and reasonable suspicion testing. These tests are in place to ensure that drivers operate commercial vehicles safely and free from impairment.

Violations of these federal regulations can establish negligence per se. This means that it can automatically prove that the operator of the commercial vehicle was negligent in their duty. This provides a stronger case against the trucker compared to regular car accident cases, where a plaintiff has to prove that the driver was at fault.

Why Commercial Truck Collisions Are So Dangerous

Commercial truck accidents are frequently more catastrophic than other motor vehicle accidents. The sheer size of the commercial vehicle is mostly to blame. A fully loaded commercial truck weighs over 25 times as much as a car or SUV.

Motor vehicle accidents involving big rig trucks present some unique challenges. A fully loaded commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs about 3,000 pounds. Due to this weight disparity and the laws of physics, most big rig accidents can cause serious or even fatal injuries.

The large size of these vehicles also means that the acceleration, braking, visibility, and turning of big rigs are limited. Accident scenes that involve trucks are often more destructive and deadly.

Large vehicles, such as eighteen-wheelers, are prone to “jackknifing” under certain conditions. The chance of this occurring is increased by sudden braking and turning. Jackknifing involves the horizontal twisting of the truck. This often results in the truck blocking multiple lanes of traffic. This action may not result in liability for the truck driver if it was due to unforeseeable roadway conditions or an abrupt turn to avoid a motorist or other obstacle.

Commercial trucks also have difficulty with certain turns. Right turns often require the use of two lanes, as the driver needs to make a wide swing to accommodate the fixed-wheel trailer. Court decisions about whether drifting between lanes in such situations constitutes negligence have been divided.

Top Causes of Truck Accidents That Lead to Serious Injuries

Every traffic accident is unique. Some types of truck accidents are more common than others. Jackknifed tractor-trailers are a staple of rush-hour traffic reports. Truckers whose vehicles get stuck under an overpass are probably more common than they should be.

Apart from the dangers posed by commercial trucks‘ size and lack of maneuverability, several situations may also contribute to accidents with other motorists. Some of the fault is the truck driver‘s, while others result from common mistakes or driver errors made by other motorists.

For truck accidents that involve other vehicles, the most common causes include:

• Driver inexperience
• Driver fatigue
• Distracted driving
• Driving while under the influence of drugs or alcohol
• Speeding
• Carrying too large a load
• Inclement weather

These causes take on additional legal significance in truck accident cases due to federal regulations. For instance, driver fatigue may violate Hours of Service regulations. This creates a regulatory violation that establishes negligence per se.

Regardless of the cause, if you suffer severe injuries, such as a traumatic brain injury, you may recover significant compensation. Your personal injury lawyer must prove fault on the truck driver‘s part. They’ll also have to prove your specific injuries and damages. Consider contacting an attorney for a case evaluation as soon as possible after a truck-related crash.

Passenger cars and other motorists may increase the risk of an accident with a big rig by:

• Abrupt lane changes or improper merges
• Making a left turn in front of a truck with insufficient space
• Moving to the right of a truck making a right-hand turn
• Driving in the areas behind and beside the truck, where the driver has limited visibility

Wind turbulence may push a passing car into a tractor-trailer. In addition, a slow entry into traffic can force a trucker into an abrupt stop. Vehicles left on the roadside that provide insufficient space, cars driving between large trucks, and unsafe passing are additional hazards that passenger vehicles create for truck drivers.

Common Injuries Caused by Truck Accidents

In most truck accidents, the person in the passenger vehicle suffers the brunt of the injuries. This is due to the size and weight disparity between the average passenger car and an 18-wheeler commercial vehicle.

Some of the more common truck accident injuries include:

• Back and neck injuries
• Traumatic brain injury
• Spinal cord injury
• Internal bleeding
• Broken bones and fractures
• Facial disfigurement
• Burn injuries

These injuries are typically far more severe than those sustained in regular car accidents due to the massive force differential. Any one of these injuries can take you out of work for weeks or months. Your attorney will demand that the trucking company compensate you for your diminished earning capacity.

Those Carrying Liability in a Truck Accident Lawsuit

Trucks are often operated by drivers acting on behalf of a trucking or shipping company. As a result, identifying defendants in a semi-truck accident may differ from an accident with another private motorist. Many different parties could be responsible for a truck accident, including employers, contractors, trucking companies, and insurance companies.

Figuring out who is liable gets more complicated in certain situations. Some truck drivers work as independent contractors with their own trucks. Others are employees of the trucking company.

Some of the parties that may be involved in the commercial vehicle accident include:

• Trucking companies: Victims can hold them liable under the doctrine of respondeat superior for their drivers’ actions. This may apply even when drivers are classified as independent contractors if the driver operates under the company’s authority.
• Cargo loaders: Third-party loading companies may be liable for improperly secured cargo. A truck’s shifting contents can cause the truck to lose control. Cargo can also escape the trailer, becoming a hazard on the road.
• Maintenance contractors: Companies responsible for truck maintenance may be liable for mechanical failures. This can apply if a shop botches a brake job and prevents the truck from being able to stop from hitting another vehicle.
• Leasing companies: When trucks are leased, multiple entities may share responsibility. This may depend on the contract.

Since a truck accident lawsuit could involve multiple parties, the case requires more extensive investigation. Consider getting legal advice from an experienced truck accident lawyer who understands how the process works. To maximize your chances of recovery, your attorney will identify as many potential defendants as possible.

How Trucking Insurance Policies Affect Injury Claims

Commercial trucking companies are required to carry higher insurance coverage than personal vehicles. Federal law requires a minimum liability coverage of at least $750,000 for most commercial vehicles carrying nonhazardous substances. The requirements reach as high as $5,000,000 for transport of hazardous materials. This contrasts with state minimum insurance requirements for personal vehicles, which often range from $15,000-$50,000.

Important Evidence in a Truck Accident Case

Truck accident litigation involves specialized evidence not present in regular car accident cases. These commercial vehicles are often equipped with Electronic Logging Devices that track crucial data.

Every truck has a black box, also called an EDR. Think of it like an airplane’s black box. It records crucial data like how fast the truck was going, when the driver hit the brakes, and other important details about the truck’s operation.

In the event of a truck accident, this data can be invaluable for determining the cause. Investigators can review the truck’s recorded speed to determine whether it was speeding and whether sudden acceleration or deceleration played a role in the accident.

The black box can also record hard braking events. A driver’s erratic braking pattern could be a sign of distraction or fatigue.

The EDR data can be combined with other evidence from the accident scene, such as tire marks, vehicle damage, eyewitness accounts, and surveillance footage. When combined, this data can provide a comprehensive understanding of the accident’s causative factors. It can help determine if the truck driver was at fault or if external factors like road conditions or vehicle malfunctions played a role. In a court setting, this data can be pivotal for personal injury claims, insurance settlements, and legal proceedings.

Proving Negligence in a Truck Accident Lawsuit

To prove liability in your truck accident case, your attorney must prove several things:

• The trucker was negligent: This could involve anything from speeding to drinking and driving
• The trucker‘s negligence was responsible for your serious injuries: Proving you would not have been hurt otherwise
• You suffered injuries and damages: Detailed proof of your injuries

In truck accident cases, proving negligence often involves showing violations of federal safety regulations. This creates a higher standard of proof than regular car accident cases. However, it also provides stronger evidence when violations are present.

If you can prove these three things, you should prevail. The jury’s verdict will depend on the facts of your case and the strength of your evidence.

Time Period in Which To File a Truck Accident Lawsuit

You will almost always have to file an insurance claim when you suffer injuries in a truck accident. If insurance denies your claim or the commercial truck company‘s insurance doesn’t cover your damages, you may also need to file suit.

When it comes to your insurance claim, there’s no clear-cut filing deadline. It all depends on the language of the insurance policy. Typically, these policies state that you must file your claim within a “reasonable” timeframe. To avoid the insurance adjuster denying your claim for timeliness, file it as soon as possible after the crash.

For a personal injury lawsuit, filing must occur before the statute of limitations expires. Every state has its own rules when it comes to a filing deadline for civil claims. Generally, you have two years to do this. If you miss the statute of limitations period, the court will dismiss your claim, and you’ll lose your opportunity to sue the trucker and the trucking company.

These deadlines are strictly enforced. Missing these deadlines could result in permanent loss of the right to compensation. For example, in Texas, the statute is typically two years from the date of the accident. In Maryland, it’s three years. Always consult a truck accident attorney to understand the time constraints related to your accident case.

Wrongful Death Suits and Truck Accidents

If a loved one tragically dies in a truck accident, their family may have grounds for a wrongful death lawsuit. You can pursue compensation for medical treatment, lost wages, and emotional distress. Consulting a truck accident lawyer can provide clarity on your rights and potential remedies.

Typically, the immediate family members (spouses, children, and parents) have the right to file a wrongful death lawsuit. In some jurisdictions, extended family or dependents may also have this right.

If the deceased had a will, the named executor or personal representative could be the one to file the lawsuit on behalf of the survivors. In some states, a court needs to appoint someone, called a special administrator, to file the wrongful death action.

Types of Damages Available in a Truck Accident Case

When a family member dies in a truck accident, the surviving family members can file for several types of compensation. These compensations fall into three main categories: economic, non-economic, and punitive damages. Let’s take a look at each one.

Economic Damages

These cover measurable monetary losses, such as:

• Lost earnings: Compensation for the deceased’s potential future earning capacity had they survived
• Medical bills: Costs incurred from the injury leading to death
• Funeral and burial costs: Reimbursement for expenses associated with laying the deceased to rest

Non-Economic Damages

These are more subjective and can include:

• Loss of consortium: Compensation for the loss of companionship, care, or affection from the deceased.
• Pain and Suffering: Although challenging to quantify, this accounts for the emotional pain and trauma experienced by the survivors
• Loss of guidance and nurture: If the deceased left behind minor children, this covers the loss of parental guidance

Punitive Damages

In cases where the defendant’s conduct was particularly reckless or malicious, the court might award punitive damages to punish the offender and deter similar behavior. This is extremely uncommon in vehicle accident cases unless drunk driving is involved.

Wrongful Death

Wrongful death damages in truck accident cases are significantly higher than those in regular car accident cases. This is primarily due to the severe nature of the negligence often involved.

Get Help From a Truck Accident Lawyer

If you have more questions about truck accident laws or truck accident settlements, reach out for legal advice. An experienced truck accident attorney can help gather evidence, calculate property damage and medical expenses, and pursue the payout that you deserve.

Truck accident victims often face overwhelming medical bills. It’s helpful to seek a fair settlement from the trucking industry member responsible for the truck crash. Most truck accident attorneys offer a free case evaluation to help you get started.