Differences Between Trucking Accidents and Car Accidents
Trucking Accidents Differ from Car Accidents in Many Ways. In Order to Recover Your Losses, You Need to Choose a Law Firm Experienced in Handling Complex Truck Accident Claims.
Truck accidents are unique in many respects, and recovering your losses after a truck accident is very different from recovering your losses after a typical car accident. At Oberheiden Law, our lawyers are experienced in handling complex truck accident cases, and we can use our experience to help you recover the compensation you deserve.
What is Different about Seeking Just Compensation After a Truck Accident?
In order to recover your losses after a truck accident, you need to be able to rely on the advice and representation of attorneys who have been there before. Our lawyers handle truck accident cases nationwide, and we have a proven record of success in settlement negotiations and at trial. Here are 10 ways that truck accident cases differ from car accident insurance claims:
1. There are More Potential Causes
Due to the complexity of large commercial trucks, there are more potential factors involved when one of these trucks is involved in a crash. For example, in addition to common causes of car accidents such as distracted driving, speeding, maintenance issues, and brake and tire defects, common causes of truck accidents also include:
- Trucking companies hiring drivers that lack a commercial driver’s license or sufficient truck driving experience
- Trucking companies forcing their drivers to spend too many consecutive hours driving
- Cargo loading errors, such as failing to secure or pressurize cargo, overloading one side of the truck, and exceeding the truck’s gross vehicle weight rating (GVWR)
- Defects in couplings, cargo straps and ratchet systems, and other truck components
- Failure to perform routine maintenance or unscheduled maintenance on fleet vehicles
2. There are More Potential Defendants
Since truck accidents have more potential causes, this also means that there are more potential defendants in commercial truck accident cases. For example, in addition to the driver, the driver’s employer may also be liable, and the truck manufacturer, a component manufacturer, the shipping company, and various other parties could all potentially share liability as well.
3. Victims’ Losses Tend to Be Greater
A large commercial truck can weigh up to 20 times than a standard car. As a result, accidents involving commercial trucks tend to be far more serious, and victims’ losses tend to be greater. In addition to substantial medical diagnostic and treatment costs, truck accident victims can suffer substantial loss of income, pain and suffering, emotional trauma, and other financial and non-financial losses.
4. Defendants Tend to Fight Harder to Deny Liability
In trucking accident cases, defendants tend to fight harder to deny liability (although dealing with the insurance companies after a car accident is far from easy). There are a couple of reasons why. First, since victims’ losses tend to be greater, trucking companies and other defendants will fight vigorously in order to avoid paying. Second, if a trucking company is held liable for a substantial judgment, this will set a precedent for future cases.
5. Proving Liability Presents Additional Challenges
As a result of the fact that trucking accident cases involve more potential causes and more potential defendants, proving liability presents additional challenges. This makes it especially important for accident victims’ lawyers to conduct comprehensive investigations and collect all available evidence from all sources.
6. Different Types of Insurance are Involved
In a typical car accident case, recovering compensation involves filing a claim with the other driver’s insurance company (or your own insurance company, in some cases). However, truck accident cases can involve claims under trucking companies’ and other companies’ commercial general liability (CGL) and umbrella insurance policies. These are very different types of claims, and dealing with the insurance companies involves a very different process.
7. Your Case is More Likely to Go to Trial
Finally, due to all of the above, truck accident cases are more likely to go to trial. Many truck accident cases still settle, but negotiating a settlement often requires taking steps toward preparing to prove your case in court. This means that truck accident victims need to choose lawyers who have extensive trial experience, and who are prepared to go to court if necessary.
Get Started with a Free Consultation with an Experienced Truck Accident Lawyer at Oberheiden Law
At Oberheiden Law, our lawyers have proven records of success securing just compensation for accident victims through settlement negotiations and at trial. If you would like to speak with one of our experienced truck accident lawyers about your case in confidence, call 866-376-4871 or request an appointment online now.