By Patrick Nolen on June 18, 2024
Truck accidents are some of the most devastating and complex types of motor vehicle crashes. When a passenger vehicle collides with a massive commercial truck, the results often cause catastrophic injuries or fatalities.
But beyond the severe physical and emotional toll, these situations present unique legal challenges that make truck accidents more complicated than other types of auto accidents.
If you or a loved one has been involved in a truck accident, reach out to an experienced Birmingham truck accident attorney near you.
What Makes Truck Accidents More Complicated
Several factors make truck accidents more complicated than accidents involving other types of vehicles, such as:
Size and Weight Disparity
One of the primary reasons truck accidents are more complicated is the sheer size and weight difference between commercial trucks and passenger vehicles. A fully loaded semi-truck can weigh up to 80,000 pounds, while the average passenger car weighs around 4,000 pounds.
This massive disparity in size and weight means that when a truck collides with a smaller vehicle, it puts the occupants of the passenger vehicle at a much higher risk of severe injury or death. The physics involved in these crashes are complex, a nd the resulting damage is often extensive.
Multiple Liable Parties
In a typical car accident, liability usually falls on one or both of the drivers involved.
However, in truck accidents, multiple parties may share responsibility for the crash, including:
- The truck driver
- The trucking company
- The owner of the truck (if different from the trucking company)
- The company that loaded the cargo
- The manufacturer of the truck or its parts (in cases of defective equipment)
- The party responsible for truck maintenance
Determining liability among these various parties requires thorough investigation and legal knowledge.
Federal and State Regulations
Both federal and state laws heavily regulate the trucking industry. These regulations cover everything from driver qualifications and hours of service to vehicle maintenance and cargo loading. When a truck accident occurs, investigators must determine whether the trucker violated any of these regulations and if those violations contributed to the crash.
Some key federal regulations that may come into play in a truck accident case include:
- Hours of Service (HOS) rules, which limit the number of hours a truck driver can operate their vehicle without rest
- Federal Motor Carrier Safety Administration (FMCSA) regulations, which set standards for driver qualifications, vehicle maintenance, and other safety-related issues
- Hazardous Materials Regulations (HMR), which govern the transportation of dangerous goods
Navigating this complex web of regulations requires a deep understanding of trucking industry laws.
Black Box Data and Other Evidence
Most commercial trucks are equipped with electronic logging devices (ELDs) or black boxes that record data about the vehicle’s speed, brake usage, and other factors leading up to a crash. This data can be crucial in determining the cause of an accident and assigning liability. However, accessing and interpreting this data requires skills and equipment.
In addition to black box data, other relevant evidence in a truck accident case includes:
- Driver log books and employment records
- Truck maintenance records
- Cargo loading documentation
- Witness statements
- Accident scene photos and videos
Gathering and analyzing this evidence requires the resources and experience of a truck accident lawyer.
Severe Injuries and High-Stakes Claims
Because of the size and weight of commercial trucks, accidents involving these vehicles often result in severe injuries or fatalities. Victims may suffer traumatic brain injuries, spinal cord damage, amputations, or other life-altering conditions. The medical expenses, lost wages, and other financial losses associated with these injuries can be substantial.
As a result, truck accident claims often involve high-stakes negotiations with insurance companies and trucking corporations. These entities have teams of lawyers working to minimize their liability and claim payments, so victims need strong legal representation.
Jurisdictional Issues
Truck accidents often involve parties from different states, as trucking companies may operate across state lines. This can create jurisdictional issues when filing a lawsuit. Determining the appropriate venue for the case and navigating the laws of multiple states can add another layer of complexity to an already complicated situation.
Investigation Challenges
Investigating a truck accident is often more complex than a typical car crash due to the number of parties involved and the potential for someone to lose or destroy evidence. Trucking companies may try to repair or replace damaged vehicles quickly, making preserving evidence difficult. They may falsify or lose driver log books and other records.
To overcome these challenges, act quickly and engage the services of aggressive truck accident attorneys who can take swift action to preserve evidence and protect the victim’s rights.
Insurance Coverage Complexities
Commercial trucks must carry much higher insurance coverage than passenger vehicles due to the increased risk they pose on the road. However, this higher coverage can also make the claims process more complex. Multiple insurance policies may cover the accident, each with its terms and conditions.
Additionally, trucking companies and their insurers often have teams of adjusters and attorneys working to minimize payouts and shift blame to other parties. This can make it difficult for victims to secure fair compensation without solid legal representation.
Settlement Negotiations and Litigation
Because of the high stakes involved in truck accident cases, you need a lawyer to handle lengthy and complex settlement negotiations. Trucking companies and their insurers may offer lowball settlements or deny liability altogether. In some cases, litigation may need to secure fair compensation for the victim’s injuries and damages.
Navigating the negotiation and litigation processes requires skill, experience, and a deep understanding of the unique issues involved in truck accident cases.
For a free legal consultation, call 877-562-0000
The Role of Expert Witnesses in a Truck Accident Case
At Cory Watson Attorneys, we work with a network of respected expert witnesses across various fields to build strong cases for our clients. In truck accident cases, expert witnesses play a vital role in unraveling the complexities of the crash and determining liability.
These professionals have specialized knowledge and experience in various fields relevant to the case. Their testimony can provide invaluable insights into the factors that contributed to the accident and the extent of the damages suffered by the victims. This evidence can significantly improve the outcome of a truck accident case.
Here are some of the key types of expert witnesses that may be involved in a truck accident case:
Accident Reconstruction Specialists
Accident reconstruction experts are trained to analyze the physical evidence from a crash scene, such as skid marks, vehicle damage, and debris patterns, to determine how the accident occurred.
They use advanced software and scientific methods to create detailed simulations and animations to help illustrate the sequence of events leading up to the crash. Their testimony can be crucial in establishing fault and proving negligence on the part of the truck driver, trucking company, or other parties.
Medical Professionals
Medical experts, such as physicians, surgeons, and rehabilitation specialists, can provide testimony about the nature and extent of the injuries suffered by truck accident victims. They can explain the long-term consequences of these injuries, including the need for ongoing medical treatment, therapy, and assistive devices.
This testimony can determine the amount of damages the victim should recover for their medical expenses, pain and suffering, and lost earning capacity.
Trucking Industry Experts
Trucking industry experts have specialized knowledge of the regulations, standards, and best practices that govern commercial trucking operations. They can provide insight into issues such as driver training, vehicle maintenance, cargo loading, and hours of service compliance. Their testimony can determine whether the trucking company or driver violated any industry regulations or safety protocols that may have contributed to the accident.
Human Factors Experts
Human factors experts specialize in the study of how people interact with their environment and how those interactions can impact safety. In a truck accident case, they may analyze factors such as driver fatigue, distraction, or impairment to determine how these human factors may have contributed to the crash. They can also testify about the effectiveness of safety features in the truck or passenger vehicle and how they may have mitigated the severity of the injuries.
Economists and Financial Experts
Economists and financial experts can testify about the economic losses suffered by truck accident victims, such as lost wages, diminished earning capacity, and the cost of future medical care. They use complex formulas and data analysis to calculate the long-term financial impact of the accident on the victim and their family. This testimony can determine the compensation that the victim should recover to ensure their financial stability and quality of life.
What are Some of the Most Common Causes of Truck Accidents?
Truck accidents can happen for various reasons, but some factors contribute to these crashes more frequently than others. Understanding the common causes of truck accidents can help us appreciate the importance of holding responsible parties accountable and promoting safe driving. Here are some of the most frequent factors that contribute to truck accidents:
Driver Fatigue
Truck drivers often face pressure to meet tight delivery deadlines, leading to long hours behind the wheel and inadequate rest. Despite federal regulations that limit the number of hours a driver can operate their vehicle without a break, some drivers and trucking companies violate these rules to maximize profits. Fatigued driving can impair a driver’s reaction time, judgment, and ability to operate their vehicle, increasing the risk of accidents.
Distracted Driving
Like any other motorist, truck drivers can become distracted by cell phones, GPS devices, or other activities that take their attention away from the road. However, given the size and weight of commercial trucks, the consequences of distracted driving can be much more severe. Even a momentary lapse in attention can lead to a devastating crash.
Improper Loading of Cargo
Commercial trucks are designed to carry heavy loads, but those loads must be properly distributed and secured to ensure the vehicle’s stability. If cargo is not loaded correctly, it can shift during transport, causing the truck to become unbalanced and increasing the risk of a rollover or other types of accidents. Improperly secured cargo can also fall from the truck, creating hazards for other vehicles on the road.
Inadequate Training
Operating a commercial truck requires specialized skills and knowledge that go beyond those needed to drive a passenger vehicle. Trucking companies are responsible for ensuring that their drivers receive adequate training on defensive driving, hours of service compliance, and cargo loading. When companies fail to provide this training or hire inexperienced drivers, they put everyone on the road at risk.
Poor Vehicle Maintenance
Commercial trucks are subject to significant wear and tear due to the long distances they travel and the heavy loads they carry. Regular maintenance is essential to ensure that these vehicles are safe to operate. However, some trucking companies neglect maintenance to save money, allowing trucks with worn tires, faulty brakes, or other mechanical issues to continue operating. These maintenance failures can lead to catastrophic accidents.
Speeding and Reckless Driving
Like any other driver, truck operators can engage in speeding and reckless driving behaviors. However, the size and weight of commercial trucks make these behaviors particularly dangerous. A speeding truck requires much longer distances to slow down or stop, and reckless maneuvers like sudden lane changes can easily lead to collisions with smaller vehicles.
Substance Abuse
Despite strict regulations and testing requirements, some truck drivers still operate their vehicles while under the influence of drugs or alcohol. Substance abuse can severely impair a driver’s ability to safely operate their truck, increasing the risk of accidents and putting other motorists in danger.
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Contact a Truck Accident Lawyer You Can Trust
Ernest Cory, Truck Accident Lawyer
Truck accidents are far more complicated than other types of motor vehicle crashes due to a combination of factors, including the size and weight disparity between trucks and passenger vehicles, the involvement of multiple liable parties, complex federal and state regulations, and the severity of injuries and damages involved.
If you or a loved one has been involved in a truck accident, seek the guidance of experienced personal injury attorneys who can help you navigate these complexities and fight for the compensation you deserve. At Cory Watson Attorneys, our team has extensive experience handling truck accident cases and a proven track record of successfully securing favorable outcomes for our clients.
Don’t face the challenges of a truck accident case alone. Contact Cory Watson Attorneys today at (205) 328-2200 or through our online contact form for your free consultation, and let us put our knowledge and resources to work for you.
Call or text 877-562-0000 or complete a Free Case Evaluation form