How Are Truck Accidents Different Than Car
For the purposes of this article, a
truck may include semi-trucks, tractor trailers, or any type of commercial
vehicle such as a cement truck, delivery/box truck, etc.
According to the Federal
Motor Carrier Safety Administration in 2016:
- • 4,440 large trucks and buses were
involved in fatal crashes
- • 77,000 injuries were reported
- • 287,000 property damage claims were
While truck and car accidents both generally
occur on the road, there are several major differences when a truck is
involved. While accidents involving trucks account for a smaller number of
over-the-road accidents, the damage and injuries that can be sustained are generally
more substantial. Accidents involving trucks are time-consuming and complex to
investigate with many factors that differ from a normal car accident.
- 1. Injuries
When a truck is involved in an accident the extent of injuries suffered by the victims is generally more substantial due to the size and weight of the vehicle. According to Truckers Report, a semi-truck can weigh as much as 80,000 pounds when fully loaded, not taking into account oversize or overweight limit permits. When you compare that to the average weight of a car, which is around 3,000 pounds, there are significant differences in momentum during accidents. The shear weight and size can have substantial affects on the extent and severity of injuries as well as compensation that may be awarded to injured parties.
- 2. Licensing
In order to operate a truck, the driver must have a specialized license which requires additional training, especially when transporting specific materials such as hazardous waste. In certain circumstances, a truck may be required to take designated routes as well. If you are involved in an accident and the driver of the truck does not have the special license required to operate the vehicle or is not using the designated routes, negligence is apparent.
- 3. Cause
Most car accidents are caused by human error such as running a red light or failing to merge properly, but that’s not always the case when it comes to trucking accidents. Did you know that if a trucking accident is caused by an equipment malfunction, failure to secure equipment or the load, or improper loading, the truck driver and trucking company may also be negligent if they failed to conduct proper inspections of the vehicle? Situations like this can be more complicated than a “normal” car accident which is why it’s always important to have an experienced attorney handling your case if your accident involved a truck.
- 4. Regulations
Both state and federal regulations apply when a truck is involved in an accident. Recordkeeping, record retention periods, inspection and maintenance standards, and driver’s logs are all areas that need to be evaluated for possible negligence and liability when a truck has been involved in an accident.
- 5. Insurance Policies
Multiple insurance policies may be applicable depending on who is at fault. In some cases, there may be one policy covering the truck and another covering the driver. There may also be the possibility that the trailer and contents are covered under a separate policy.
- 6. History
Under current laws the federal government keeps records on all accidents, inspections, and tickets and citations received by individual truck drivers and trucking companies. A history of maintenance problems with a driver or trucking company’s vehicles or a history of accidents and citations can be important in proving knowledge and negligence and can ultimately affect the damages that may be awarded to someone injured in an accident with a truck.
The main thing to remember when it comes
to truck accidents is that they are not like a typical car accident. They are
complex and time-consuming and are generally best handled with an experienced
attorney on your side. Severe injuries, death, large insurance policies,
federal regulations, and sometimes intense legal battles aren’t something you
likely want to deal with if you are trying to recover from a truck accident.
If you’ve suffered an injury due to a
truck accident, VanDerGinst Law would be honored to help you with your personal
injury claim. The consultation is free and there is never a fee unless we win.If you suffered an injury in Iowa or Illinois,
contact VanDerGinst Law, P.C. at 800-960-8529. The law is tough and
being injured is tougher. We’ll make it easier for you.
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