Are you wondering, “how is a truck accident different from a car accident?” A truck accident is usually more catastrophic than a car collision. The injuries victims sustain in truck collisions can be severe and life-altering. That makes truck accident lawsuits more complex. They require a different approach when managing the legal affairs and insurance claims associated with the case.
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Truck accident lawsuits usually have multiple defendants, and the ensuing investigations must be well-conducted and informed. As such, having a seasoned truck accident lawyer ensures your legal rights and interests are protected at every step of the insurance or lawsuit process.
At Ankin Law Firm, we have professional truck accident lawyers dedicated to helping victims get full and fair compensation. Our experienced lawyers know how truck accident lawsuits work. We know how uncooperative insurance companies can be during truck accident lawsuits. Call us at 312-600-0000 for legal help if you were hurt in a truck accident in Chicago, Illinois.
What Are the Legal Differences Between a Car and Truck Accident?
There are legal differences when filing a truck accident claim compared to a car accident case.
A Higher Likelihood for Multiple at-Fault Parties
A single driver is often the liable party in a car accident. Truck accidents, on the other hand, usually have multiple at-fault parties. Common negligent parties in truck accidents include the truck driver, truck owner, trucking company, and the truck’s or parts’ manufacturer. Sometimes, the entity contracted to load the cargo on the truck can be held liable if negligence when loading and securing the freight contributed to the accident.
The upside to hiring a lawyer is that the lawyer can help determine which parties are responsible for the accident and the compensation you can expect from each party. The lawyer will typically look beyond the blame game that is likely to ensue between the at-fault parties. Such an objective approach to investigations enables the lawyer to hold each liable party in your case legally and financially accountable. The lawyer can also guide you on your next option if the other driver’s insurance denies your claim.
Severity of Injuries
A fully loaded semi-truck can weigh up to 80,000 pounds, while a small sedan may weigh only 2,500 pounds. A truck collision can leave you with serious, life-changing injuries due to the truck’s weight and speed. These injuries include traumatic brain injuries or spinal cord injuries.
That does not mean you are better off getting involved in a car accident. The point is that there’s a higher chance that you will have to endure longer treatment and rehabilitation after getting involved in a truck accident. It also means the compensation in a truck accident claim is usually higher than in a car accident.
Levels of Insurance
The Federal Motor Carrier Safety Administration (FMCSA) requires truckers to carry only commercial auto liability insurance, as long as they are not transporting household goods. This insurance covers injuries and property damage from an accident caused by negligence of a truck driver or trucking company.
The liability insurance amount depends on the goods a truck hauls.
- For-hire commercial trucks transporting freight should have at least $750,000 in liability coverage.
- For-hire and private trucks hauling oil should have a minimum of $1,000,000 in liability insurance coverage.
- For hire and private trucks transporting other hazardous materials must carry a liability coverage of at least $5,000,000.
Some truck drivers may transport cargo illegally without the required auto liability insurance. In fact, about 16% of motorists in Illinois were uninsured in 2022. You still have legal options to recover damages if you get injured or suffer property damage in an accident caused by such a driver.
A car accident lawyer can outline all the available legal avenues for compensation after an accident with an uninsured driver. The lawyer can help you choose the appropriate legal option for your situation and fight for sufficient compensation to cover the full extent of your damages.
Does Investigation and Evidence Collection Differ Between a Truck and Car Accident?
Investigation and evidence collection in a truck accident differ from those in a car accident because of the complexity of a truck accident claim. There are multiple at-fault parties to investigate. What’s more, trucking companies have the upper hand in such cases since they usually have the most documentation in their possession.
Trucking companies only keep these records for a limited period, depending on the document. For instance, annual fleet inspection and maintenance records have a 14-month shelf life, while daily trucking reports about the condition of various vehicle systems are kept for three months. So, you must file a truck accident claim as soon as possible. Hiring a lawyer is critical because the lawyer knows which documents to target when investigating your claim.
A truck accident lawyer focuses on various pieces of evidence when investigating claims. They include:
- Police reports
- Black box information
- Truck inspections and maintenance records
- The trucking company’s insurance information
- The accident wreckage
- Trucking company’s compliance
How a Truck Accident Lawyer Can Help Your Case
Investigating a truck accident calls for deep legal knowledge. There’s a process to follow, and attempting to go at it alone can ruin your chances of receiving a fair truck accident settlement. A lawyer knows how truck accident investigations work and can help you in the following ways:
Drafting and Sending a Spoliation Letter
Trucking companies can only keep their records for a limited time. Some companies can even destroy files that can be used against them in a claim process. To prevent that, an attorney prepares and sends a spoliation letter to ensure the involved company preserves documents relevant to your case. The lawyer must be specific about the documents required when drafting the letter because it’s unlikely that any unmentioned record will be preserved.
Gathering Information About the Wreckage on Time
A trucking company named in an accident lawsuit is usually quick to cover or wipe out evidence that might be collected from the wreckage. If the collision resulted from a faulty part, by the time a lawyer examines the wreckage, that part may be missing or functioning properly. That is why you should take legal action immediately after the accident to increase your chances of getting fair compensation.
Don’t try to handle the legal process alone. Instead, involve a lawyer earlier in the process. An experienced truck accident lawyer will use available legal tools to obtain truck inspections and maintenance records before they get lost.
Examining the Documents
It’s one thing to obtain the documents required in a truck accident claim, and it’s another thing to know which information to target in such documents. A lawyer will need to determine if the truck was inspected and maintained according to the set standards when examining the documents provided. The lawyer will also determine the driver’s actions that might have led to the accident.
Technological advancements have also made data collection easy. For example, a black box data review can reveal the truck’s speed moments before the accident. Dash cams also offer reliable video footage of road conditions and other events that might have caused the collision.
Scrutinizing Driver’s Credentials and Driving History
Another crucial piece of evidence in a truck accident is the truck driver’s qualifications and driving history. Your lawyer will want answers to the driver’s training and certifications. Does the driver have a history of violating traffic rules? Was he or she in a healthy state physically and mentally? The answers to these questions will enable your lawyer to build a solid truck accident claim.
Investigating the Trucking Company
Sometimes, the trucking company is the primary liable party. The investigative team will focus on information about the company’s history of negligence or tampering with relevant trucking files. Some companies have a long history of personal injury claims, which can shed light on their ignorance of public safety and FMCSA regulations. Digging deep into such information is crucial when trying to establish a company’s pattern of negligence that poses safety risks on the road.
At Ankin Law, we understand how a truck or car accident can turn your life upside down. The rising medical bills can leave a huge dent in your savings. The injuries can prevent you from working and take a toll on your physical, mental, and emotional health. That’s why our lawyers fight for your best interest during negotiations with insurers and litigation in court. Contact us today to schedule a free case review.
