Truck Accident Claims Differ From Car Accident Claims

Like car accidents, truck accident claims are often settled out of court through negotiation. However, don’t be misled – truck accident claims are far more complex than typical car accident cases. Dealing with the difficulties of a truck accident claim can be overwhelming, which is why having experienced Minnesota truck accident lawyers by your side is crucial. You will need a strong advocate like Tyroler Leonard Injury Law to steer the discussions with insurance companies that often prioritize their bottom line over offering fair compensation to those who have been injured.

How do Liable Parties Differ in Truck and Car Accident Claims?

One of the most significant differences between truck accident claims and car accident claims is the number of parties potentially liable for the incident. This difference can greatly complicate the legal process and necessitate the expertise of an experienced truck accident attorney.

Liability in Car Accident Claims

In a typical car accident claim, the dispute is usually between the two drivers involved. The primary question is which driver was at fault for the collision. This is often determined by examining factors such as:

Which driver had the right of way
Whether either driver was speeding or driving recklessly
Whether either driver was distracted or impaired.

Once fault is established, the liable driver’s insurance company is typically responsible for compensating the other party for their damages up to the limits of the policy.

Liability in Truck Accident Claims

In contrast, truck accident claims often involve multiple parties who may share liability for the accident. These parties can include:

The truck driver: Like car drivers, truck drivers can be held liable if their negligence or recklessness contributed to the accident. This may include speeding, distracted driving, or driving under the influence of drugs or alcohol.
The trucking company: Trucking companies have a legal responsibility to ensure that their drivers are properly trained, licensed, and supervised. They must also maintain their vehicles in safe working condition and ensure that cargo is loaded securely. If a company fails to meet these obligations and an accident occurs as a result, it may be held liable.
The cargo loader or shipper: In some cases, accidents are caused by improperly loaded or secured cargo. If the cargo shifts during transport and causes the driver to lose control, the party responsible for loading the cargo may be held liable.
The truck or parts manufacturer: If an accident is caused by a defect in the truck or one of its components, such as faulty brakes or tires, the manufacturer may be held liable under the principle of product liability.
Third-party maintenance companies: Trucking companies often outsource vehicle maintenance and repair to third-party service providers. If these providers fail to properly maintain or repair the vehicle and an accident results, they may share in the liability.

The Severity of Injuries and Damages in Truck Accidents

One of the most significant differences between truck and car accidents is the severity of the resulting injuries and damages. Commercial trucks can weigh up to 80,000 pounds when fully loaded, contributing to the devastating consequences of collisions, according to the Federal Highway Administration. The significant force of impact from large vehicles frequently results in severe injuries that can profoundly change the lives of the individuals involved.

Traumatic Brain Injuries and Spinal Cord Injuries

Traumatic brain injuries (TBIs) and spinal cord injuries are among the most common and severe injuries sustained in truck accidents. The violent force of the collision can cause the brain to strike the inside of the skull, leading to bruising, bleeding, and potentially permanent damage. According to a study published in the Journal of Neurotrauma, motor vehicle accidents, including truck crashes, are the leading cause of TBIs in the United States. Similarly, the force of the impact can fracture, dislocate, or crush vertebrae, causing damage to the delicate spinal cord. Depending on the location and severity of the injury, you may experience partial or complete paralysis, loss of sensation, and impaired bodily functions. The National Spinal Cord Injury Statistical Center reveals that the lifetime costs associated with these injuries can be astronomical, often exceeding millions of dollars for medical treatment, rehabilitation, and assistive devices.

Amputations and Wrongful Death

In some cases, truck accidents can result in amputations, either directly from the collision or as a necessary surgical intervention because of severe crush injuries or infections. Losing a limb is not only physically and emotionally traumatic but also requires significant adjustments to one’s daily life and career. Tragically, truck accidents can also result in wrongful death, leaving families shattered and struggling to cope with the loss of a loved one. A study by the Insurance Institute for Highway Safety (IIHS) found that in collisions between large trucks and passenger vehicles, occupants of the passenger vehicles are disproportionately likely to suffer fatal injuries.

Why are Truck Accident Claims More Complex than Car Accident Claims?

Truck accident claims involve several challenges that set them apart from car accident claims. These complexities can make the legal process more challenging and time-consuming, emphasizing the need for legal representation.

Regulatory Compliance and Liability

Trucking companies are subject to various state and federal regulations governing driver qualifications, hours of service, vehicle maintenance, and cargo loading. Violations of these regulations can contribute to accidents and provide grounds for liability. For example, if a truck driver exceeds the maximum allowable hours of service and causes an accident due to fatigue, the trucking company may be liable for negligent supervision. A truck accident attorney can thoroughly investigate the accident and identify any regulatory violations that may have contributed to the crash, strengthening your compensation case.

Multiple Parties Involved

Unlike car accident claims, which typically involve only the drivers and their insurance companies, truck accident claims often involve multiple parties. These may include the truck driver, the trucking company, the cargo loader, the truck manufacturer, and even third-party maintenance companies. Each party may bear some responsibility for the accident, and identifying and holding them accountable can be a complex process. An attorney can sort out this web of liability and ensure that all responsible parties are held accountable for their actions.

Trucking Company Tactics

Trucking companies often have teams of attorneys and insurance representatives working to minimize their liability and protect their interests. They may attempt to shift blame to the victim or other parties or even destroy evidence to avoid responsibility. These tactics can make it difficult for victims to secure fair compensation without the help of an experienced legal advocate. A lawyer can anticipate these strategies and work to protect your rights throughout the legal process, ensuring that you have the best possible chance of obtaining the compensation you deserve.

What Black Box Data Can Provide for a Claim

Many commercial trucks have electronic logging devices (ELDs) or “black boxes” that record crucial data, such as speed, brake application, hours of operation, and GPS location. This information can be invaluable in determining the cause of an accident and establishing liability. The black box data can be used as evidence of negligence if it shows speeding or failure to apply brakes.

However, obtaining and interpreting black box data requires specialized knowledge and resources. Trucking companies may be reluctant to release this information voluntarily, causing legal intervention. You will need an attorney to subpoena and analyze this data to strengthen your claim, negotiate a fair settlement, or build a compelling case for trial.

Typical Investigative Techniques That May Be Used for Your Claim

Conducting a thorough investigation is crucial in truck accident claims. Your attorney may employ other investigative techniques, such as:

Accident reconstruction: A professional in accident reconstruction can analyze the scene, damage to your vehicle, and other evidence to determine how the accident occurred and who was at fault.
Witness interviews: Eyewitness testimony can provide valuable insights into the circumstances leading up to the accident and help corroborate other evidence.
Review of driver qualifications and history: Examining the truck driver’s qualifications, driving record, and any prior violations can reveal patterns of negligence or reckless behavior.
Analysis of maintenance records: This can pinpoint failures to properly maintain or repair the vehicle, which may have contributed to the accident.

With these investigative techniques, your attorney can build a strong case on your behalf and hold all responsible parties accountable.

Let Us Help You with Your Truck Accident Claim

Contact Tyroler Leonard Injury Law today at 651-259-1113 to schedule your consultation with one of our dedicated truck accident attorneys. Let us listen to your story, provide honest guidance, and develop a tailored legal strategy to help you achieve the best possible outcome. Let us handle your legal challenges while you focus on improving your health and rebuilding your life.

Attorney Isaac Tyroler

Attorney Isaac Tyroler has been a strong advocate for injured people his entire legal career. He has a passion for righting wrongs, and he deeply cares about representing injured clients who may feel overwhelmed or uncertain about how to navigate the legal system. He is compassionate toward clients and aggressive with insurance companies and defendants. He is on the elected Board of Governors of the Minnesota Association of Justice (MAJ), the top personal injury lawyers’ group in Minnesota. And is currently the chair of MAJ’s legislative committee. [ Attorney Bio ]