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Trucking Injury FAQ

How Are Truck Accidents Different?

Truck Crashes Are More Severe Than Accidents Involving Passenger Vehicles

The reason truck accidents are so much worse than passenger vehicle collisions comes down to physics. Tractor trailers can weigh up to 80,000 pounds, while most passenger vehicles weight below 4,000 pounds. The difference in weight means a truck will collide with far more force than even the most massive passenger vehicle can withstand. That is why 97% of deaths in fatal truck crashes are passenger vehicle occupants.

Lack of Visibility & Immediate Stopping Power

It is also more difficult for a truck to see the road and other cars than it is for a standard passenger car, making poor visibility a leading cause of trucking accidents. For example, 18-wheelers have huge blind spots, which can prevent the driver from seeing if another vehicle is present. Entire vehicles can fit inside a truck’s blind spot, putting them at risk when the truck makes a lane change or a turn.

Cars are often crushed or forced off the road after a truck driver fails to see them, whereas if a car driver was unable to see another passenger car, the damage would be far less significant.

Another contributing factor to severe truck accidents is the truck's stopping power. Drivers are unable to respond to sudden accidents, even if they see them in time. Due to a truck’s size and weight, stopping requires 20 to 40% more distance. As a result, collisions with trucks often means the truck is traveling at a far higher speed than a vehicle would be. Higher speed and higher weight mean catastrophic levels of injury.

Rollover Accidents & Jackknifing

Unfortunately, trucks are also more prone to rollover accidents than standard passenger cars. Tractor trailers all have a higher center of gravity. In emergency maneuvers (like swerving at high speeds to avoid an obstacle), trucks are far more likely to roll over—crushing passenger vehicles.

Tractor-trailers also have a unique feature that leads to unique accidents. Because most of their weight is being pulled rather than steered, trucks can lose control of their cargo under the right circumstances. This is commonly known as jackknifing, where the truck’s trailer travels in a different direction from the truck itself.

Trucks are especially vulnerable to jackknifing on slippery or icy roads. Drivers have to compensate by driving slower on wet roads. What will often happen is a truck driver may attempt to swerve his truck out of the way of an obstacle or another vehicle, causing the trailer to skid. The sudden swerve will take the truck on a different course while the trailer has too much momentum and continues on the same path. This causes the trailer to pull the truck, potentially trapping passenger vehicles between the truck and the trailer or causing a major pile-up within seconds.

The other key difference between a car accident and big rig accident has to do with legal considerations.

A large body of laws and regulations governs the trucking industry, affecting how truck accidents are investigated and how liability is determined. Furthermore, trucking companies often put forth a vigorous defense for claims made against them in an effort to minimize the amount of compensation they pay to a truck accident victim.

Understanding Federal Trucking Regulations

Federal trucking regulations are put in place to keep motorists safe. They outline rules on everything from the height and weight of a vehicle to the number of hours a trucker is permitted to drive.

Learn more about trucking regulations and what they mean for accident claims.

For these reasons, it is vital for anyone who is injured in a large truck accident to be represented by outstanding legal counsel. At Arnold & Itkin LLP, we are committed to providing top-quality representation to injured clients throughout the United States. Our attorneys take care of investigating the crash, identifying the responsible party, and holding them accountable.

Investigating Accidents Involving Big Rigs & Tractor-Trailers

An early, thorough investigation is critical to the outcome of your case. After an accident, a trucking company immediately dispatches a team of experts to the scene to begin collecting evidence and planning a legal defense.

However, a skilled lawyer from our firm can take steps to counter such actions:

  • Visiting the accident scene to take photos of all evidence
  • Locating and interviewing witnesses
  • Documenting current road and weather conditions
  • Recovering information such as meal and gas receipts, which can be used to prove speed
  • Obtaining cell phone and other records to prove negligence
  • Sending a preservation of evidence letter and obtaining a temporary restraining order

The sooner you speak with an attorney, the sooner they can begin their investigation to preserve crucial evidence. In addition, once a lawsuit is filed, the process of legal discovery is equally important to the outcome of your case. At this time, your lawyer may request evidence and information from the defense and directly question the truck driver. For example, an experienced lawyer knows how to dig into a driver's records and obtain information about their training, employment history, and accident history.

The Difference Between Truck Accidents & Car Accidents

Truck accidents are different than car accidents because the recovery process after one is usually more complicated for multiple reasons.

The three primary differences relate to the following categories:

  • Financial Liability
  • Driver Responsibility & Federal Regulations
  • Injury severity

Injury Severity

One of the most common aspects of any serious truck accident is the severity of injuries they cause those involved to sustain. While car accidents have the potential to cause serious injuries, they’re almost guaranteed during truck accidents. This is because of their difference in size and weight when compared to other cars.

Truck accident injuries are often severe enough to receive the label of catastrophic. Legally and medically, a catastrophic injury is one that changes the rest of a person's life. These injuries require extensive treatment and have permanent repercussions that survivors must deal with. Besides being difficult medically, these injuries place a financial strain on people because of costly medical treatment and how they often force a person to lose their ability to work as they once did.

In short, truck accident claims can have significantly larger settlement amounts because they are more destructive to the health and property of the people they affect.

Determining & Proving Negligence

In a typical car accident, it is fairly easy to determine the party that is liable for financial reparations. This is not true in commercial truck accident cases. In fact, there are often many possible defendants and a complicated web of liability.

Defendants in a truck accident claim can include the:
  • Truck driver
  • Truck driver's employer
  • Manufacturer of a defective part
  • Retailer of the truck
  • Loading facility
  • Repair facility
  • Government entity responsible for dangerous roads

Insurance considerations in a truck accident are also very different from a standard car accident. A trucking company is required to carry insurance, but the insurer has no obligation to reveal how much coverage there is until litigation begins. Another unique aspect of commercial truck insurance relates to the MSC90 endorsement, which states that an insurance company must provide coverage even to vehicles that are not listed on a policy. While such legal intricacies may sound confusing to the average person, they are routine matters to a truck accident attorney. If you have questions, our law firm can help. Call now.

Regardless of the circumstances of the accident, truck drivers are liable for the damage their equipment, their driving, or their state-of-mind causes. Trucking companies can also be held liable for their drivers’ accidents, as they are responsible for hiring skilled drivers and meeting federal safety regulations. When they fail to meet these regulations, regular people pay the price with their well-being—even their lives.

Discuss your truck accident claim with a legal professional who can help you make the right choices. Call (888) 493-1629!

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