Car and truck accidents can cause severe damage and injuries, leaving behind physical pain, emotional turmoil, and a financial burden. Knowing the distinctions between car vs truck accident claims can help you understand what to expect when pursuing your accident claim. At Kreger Brodish LLP, we know how stressful post-accident life can be and are here to help. Let us handle your injury claim while you focus on recovering. Call today for a free consultation.
How Do Truck Accident Claims Differ from Car Accident Claims?
How are truck accidents different from car accidents? There are a few factors, including:
- Damage and Injury Severity – Commercial trucks are significantly larger and heavier than passenger vehicles, so truck accident injuries and property damage tend to be greater compared to car crashes. This can lead to higher medical bills, longer recovery times, and more significant pain and suffering claims. As a result, truck accident claims usually involve higher compensation amounts than car accidents.
- Insurance Policies – Trucking companies carry commercial insurance policies with much higher limits than standard auto insurance policies due to the greater risk involved. Dealing with these insurers can be challenging, as they have extensive legal teams that aim to minimize payouts. Alternatively, in car accident cases, there may only be a single insurer with more straightforward policy terms.
- Liability Distribution – Car accidents may only involve one liable party: the other driver. In contrast, commercial truck accident claims may involve multiple parties, making it difficult to determine who is at fault out of all the potentially liable parties.
- State and Federal Regulations – Truck drivers and trucking companies must adhere to strict federal regulations promulgated and enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover hours of service, vehicle maintenance, cargo loading, and driver qualifications. Violations of these regulations can play a significant role in establishing fault in truck accident claims, unlike typical car accident cases.
- Evidence Collection – Due to the extensive regulations governing the trucking industry, there is often more evidence available in truck accident cases. This can include driver logs, black box data, maintenance records, and GPS tracking. Gathering physical and digital evidence requires prompt action, as trucking companies may destroy or alter records if not promptly requested.
Steps to Take After You Are Involved in a Truck Accident
Being involved in an accident is overwhelming, leaving you scared, panicked, and unsure of what to do next. There are a few steps you should take after a truck accident, including:
- Seek Immediate Medical Care – Receive medical attention to treat any injuries, even if they’re minor. Doing so will result in documents that detail any injuries you suffered due to the accident, which is essential for your claim.
- Call Law Enforcement – Always report the accident to the police. They will create an official accident report, which often includes the officer’s observations about fault or wrongdoing. Police reports are crucial evidence for your insurance claim.
- Collect Trucking Information – Get the truck driver’s name and contact details, as well as the trucking company’s details, including its contact information and insurance information. Take note of the truck’s license plate number, make, and model.
- Avoid Admitting Fault – Do not make comments or statements about liability for the accident. Providing honest information about what happened is important, but avoid using phrases that could be misconstrued as taking responsibility.
- Stay Off Social Media – Posting on social media about the accident, its circumstances, or your injuries can potentially negatively affect your claim. Insurance adjusters or opposing counsel can use anything you post on social media platforms against you, so it’s best to avoid social media altogether.
- Call a Truck Accident Attorney – Consult a truck accident lawyer to handle the challenges of a truck accident claim. They can leverage their knowledge and experience to seek the compensation you need to recover.
What Trucking Companies Don’t Want You to Know
Trucking companies and their insurers often go to great lengths to minimize the amount they pay to cover accident victims. They don’t want you to know that they can offer more money and that your lawyer could get more for your claim than they’re willing to offer initially. However, there are other sneaky tactics they can use, including:
- They Can Destroy Evidence – Trucking companies have the right to destroy or alter records after a certain period. An attorney can send a “no spoliation” letter to prevent the destruction or alteration of vital evidence, such as driver logs, black box data, and maintenance records.
- They Have Increased Liability – If a truck accident resulted from a violation of FMCSA regulations, the trucking company could be liable for additional compensation. A lawyer can investigate potential regulatory breaches to strengthen your case.
- They Have Higher Insurance Policies – Trucking companies carry large insurance policies to cover severe accidents, and they don’t want accident victims to know how much coverage is available. They may try to settle for much less than what will cover victims’ losses. An attorney can evaluate the full extent of your losses to fight for a fair settlement that will fully cover them.
- They Will Try to Shift the Blame – Trucking companies may attempt to blame the accident on other factors, such as road conditions, weather, or even the accident victim’s actions. They may also try to deflect responsibility onto the truck driver, downplaying their own role in the accident, all with the goal of trying to reduce their potential liability and minimize the compensation they may owe you.
- They Know Which Attorneys Put Up a Fight – Trucking companies and their insurers have been in this business a long time, and they know which attorneys to be afraid of. Some lawyers will give up quickly, and others will pursue the case all the way to trial. Ask your lawyer about their truck accident experience before you hire them.
State and Federal Trucking Regulations That Might Affect Your Claim
Trucking companies must comply with specific state and federal regulations that do not apply to regular car accidents, and these regulations can significantly impact the potential outcome of a truck accident claim. Some key regulations include:
- Driver Qualification Standards – Truck drivers must hold a valid commercial driver’s license (CDL) and meet specific health and safety standards. If a truck driver involved in an accident does not meet these requirements, it may affect the claim.
- Regulated Service Hours – Federal regulations limit the number of hours a truck driver can operate before taking a mandatory rest period. Violations of these rules can lead to driver fatigue, a common cause of truck accidents.
- Vehicle Maintenance Requirements – Trucking companies must perform regular vehicle inspections and maintenance. Failure to comply can result in mechanical failure, which can cause accidents.
Potential At-Fault Parties in Truck and Car Accidents
Car accidents typically involve liability issues with one or two drivers, but there can be multiple at-fault parties in a truck accident, including:
- Trucking Company – Trucking companies must follow proper hiring practices, conduct thorough background checks, and schedule and perform regular vehicle maintenance. They can face liability if they neglect maintenance or force the driver to exceed hours of service limits.
- Truck Driver – Drivers must conduct themselves and perform their jobs and duties responsibly. If the driver acted negligently, such as by driving under the influence or speeding, you may be able to hold them accountable.
- Vehicle Manufacturers – Mechanical failures or defects can contribute to an accident, and when this happens, the manufacturer of the truck or its parts might be liable.
- Cargo Loaders – Improperly loaded or secured cargo can cause a truck to overturn or jackknife. If the loading company failed to follow safety protocols, they could face responsibility for the accident.
How Can a Lawyer Help with Truck and Car Accident Claims?
A lawyer knows the differences between truck and car accident lawsuits and can handle the specifics of a truck accident claim. A truck accident attorney can:
- Investigate the Accident – Trucking companies often conduct their own investigations immediately after an accident, gathering evidence to protect their interests. Your attorney can thoroughly investigate the accident and gather critical evidence such as black box data, driver logs, and witness statements to build and support your claim.
- Identify Liable Parties – A truck accident lawyer can identify every potentially liable party so you can pursue compensation from all responsible entities to cover your losses.
- Handle Insurance Companies – Insurance companies often try to minimize payouts. A lawyer can negotiate with insurers to fight for fair compensation for you.
- Pursue Litigation – If negotiations do not yield a fair settlement, your attorney can file a lawsuit, take your claim to court, and seek fair compensation through a favorable verdict.
Statute of Limitations to Take Action
In North Carolina, the statutory period for filing a personal injury lawsuit after a truck or car accident is three years from the date of the accident. Filing within the time frame is critical to maintain your right to seek compensation for your losses. Filing after the statutory period expires can result in the court’s dismissal of your suit.
Contact Our North Carolina Truck Accident Attorneys to Learn More
If you’re dealing with painful injuries after a truck accident, you don’t need to worry about handling a claim simultaneously. At Kreger Brodish LLP, we don’t let trucking companies and insurance adjusters control the narrative. Our truck accident lawyers in Durham have extensive experience with personal injury claims for truck and car accidents, and we fight tirelessly and relentlessly for our clients. You won’t owe us anything unless we win. Contact us today for your free consultation.
