How Are Truck Accident Claims Different From Car Accidents?

by The Roth Firm
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The Roth Firm

When someone is involved in a Semi-Truck Accident, he or she will often mistakenly believe that the process of filing a claim and obtaining compensation will be just like that of a regular motor vehicle accident injury claim. 

Despite this common perception, this is simply not true.

In fact, car accidents are quite different from 18 Wheeler Accidents, Commercial Truck Accidents, and Semi Truck Accidents

It's important to understand the difference from a typical car accident because it can have an impact on your case in multiple ways, from what you are required to prove to the amount of compensation that you can receive. 

There are a number of factors that make Truck Accident unique, some of which include: 

1. Injuries

One of the most significant differences between a regular motor vehicle accident and a semi truck accident has to do with the extent of injuries that the victims suffer from. 

The average commercial truck can weigh upwards of 80,000 pounds as opposed to the average motor vehicle weighing around 4,000.

Victims of these accidents can suffer from life-altering injuries such as traumatic brain injury, paralysis, spinal cord injuries, and disfiguring burns. 

Now, this is not to say regular car accidents can't cause harm, or that these types of injuries are impossible, it only means that these types of injuries occur more frequently in a Semi-Truck Accident.

The effects of these injuries on a person's life can be devastating, and no amount of compensation can make up for some of the life-long complications that a truck accident can cause. 

2. Different Rules and Regulations 

Truck Drivers and trucking companies are required to follow rules and regulations that regular motor vehicles do not have to adhere to.

These regulations often make it much more complicated when determining liability in an accident. 

Trucking regulations include but are not limited to: 

  • maintenance of trucks
  • special driver's licenses 
  • annual inspections
  • logbooks
  • loading of cargo
  • hours allowed on the road

If any of these rules are violated, the accident victim may have additional grounds to prove that the truck driver and company were negligent and therefore responsible for the accident that occurred. 

If the truck driver and trucking company are found liable, it can create additional paperwork that can very complicated to handle without the help of an experienced Personal Injury Attorney. 

Here are 5 important ideas to keep in mind when dealing with your truck accident case.

3. Special License 

Truck Drivers are required to obtain a commercial driver's license along with completing and passing special training tests. If a truck driver does not obtain the necessary requirements, and an accident occurs, the victim can file a claim against the trucking company for negligent hiring and training, not to mention against the truck driver who caused the accident to occur. 

All commercial truck drivers should have a commercial driver's license in their possession at all times. This should reflect their level of training, along with qualifying them to carry the specific load that they are carrying on their truck. 

It's important to know this because if an accident occurs and the truck driver is not in possession of the proper qualifications, then the trucking company could be held responsible for negligence. 

4. Different Causes 

Some Truck Accidents are caused by the same reasons as other passenger vehicle accidents, however, others are caused by reasons that are specific to Commercial Vehicles. 

The average car accident is caused by human error. With trucking accidents, although in many cases the truck driver will cause the accident due to the same human error, in other cases the blame may be placed either partially or fully onto the trucking company. 

For example, equipment failure can play a huge part in the cause of a truck accident. Now equipment failure accidents can still be partially blamed on the driver because it is up to them to conduct a thorough pre-trip inspection of the equipment.

However, the trucking company could also be implicated if it is proven that the company acted negligently by failing to ensure the truck was properly maintained. 

In order to prove that a truck was improperly maintained, you will need the help of an experienced Truck Accident Attorney. 

In this article, you can learn more about how about how both the Driver and Trucking Company may be liable for the accident.

5. Bigger Insurance Policies 

The insurance policy that is associated with commercial trucks can be substantially higher than the insurance policy on a regular passenger vehicle. This amount of coverage is necessary due to the high damages that trucks can inflict in an accident. 

The insurance policies can be worth millions of dollars, which is why the insurance carrier will do whatever it takes to find a way out of liability in a commercial truck accident. 

The insurance carrier will have a team of experienced attorneys that they employ to help reduce their client's liability and increase the blame of the injured party. Their insurance adjusters are also highly experienced at employing tactics to reduce liability. 

It is their goal to place even a small amount of blame on the injured party in order to significantly reduce the settlement amount or to even outright deny the claim. 

Another way the insurance company will try to avoid a million-dollar payout is to offer a seemingly large amount of money right up-front to try and encourage the injured person to accept the offer before they contact an attorney of their own. 

It's important not to fall for their deceitfulness. Always contact an attorney before making statements or agreeing to the insurance company. 

This truck accident guide can help you as well.

Hire an Experienced Truck Accident Attorney  

If you were involved in an accident involving a commercial vehicle, you will need the help of an experienced Truck Accident Attorney if you want to obtain the compensation that you are owed for the injuries and damages that you suffered. 

Commercial Truck Accidents can cause very severe, life-long injuries, and extensive property damage. Without the help of an expert lawyer, it can be nearly impossible to receive the benefits that you are owed. 

As discussed above, truck accidents come with a multitude of additional legal complications, and unless you have extensive training of these laws, you will more than likely get taken advantage of by the other insurance companies team of expert lawyers.

You should not be left to handle such a complicated lawsuit alone. Our team has been helping the injured for many years, so we have the experience and training to handle your case with the utmost care and diligence. 

Do not put off calling a lawyer after being involved in a Semi Truck Accident that was not your fault. The sooner you hire legal help the faster you can begin the process of filing a claim and requesting a settlement amount.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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