If you have been involved in a crash involving a commercial truck, it’s important to understand the many unique nuances of trucking accidents. Collisions involving large trucks are more complicated than typical car accidents in many ways, not just the severity of the crash itself.
Truck Accidents Are More Likely To Be Severe
An accident involving a truck is far more likely to result in serious injury or death than a car accident. A tractor-trailer can weigh up to 80,000 pounds. In comparison, the average passenger vehicle is just 4,100 pounds or as little as 2,500 pounds for a small car.
In a crash, the larger vehicle has more force and momentum, which is transferred to the smaller vehicle. This extreme difference means that a car bears most of the force and damage in the collision.
In crashes involving a passenger vehicle and a large truck, 96% of deaths are occupants in the passenger vehicles.
Truck Accidents Are More Complex Than Car Accidents
It isn’t just that large truck accidents are more serious; they also tend to be more complicated than car accidents in many ways.
Multiple Parties May Be Involved
In a typical car crash claim, the parties involved are usually limited to the drivers and their insurance companies. However, truck accident cases can include the truck driver, the trucking company, the truck manufacturer, and even cargo loaders. Each of these parties may carry some liability, complicating the claims process.
Complicated Insurance Claims
Insurance claims for truck accidents are generally more complicated than those for car accidents. Trucking companies often have large commercial insurance policies. There may be multiple layers of coverage, depending on the circumstances of the crash. For example, whether the trailer was loaded or empty can determine which policy was in effect.
Determining which policy applies and to what extent can be a complex and time-consuming process that requires legal expertise.
Varied Legal Regulations
The trucking industry is subject to both state and federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets specific rules governing trucking companies and drivers, including hours of service, maintenance standards, and driver qualifications. These regulations can make accident investigations and claims more intricate.
Federal Regulators May Investigate a Commercial Truck Accident
When a commercial truck is involved in an accident, the FMCSA may investigate the crash. The purpose of the investigation is to determine the cause and whether any federal regulations were violated.
Trucking companies are required to maintain extensive records that can provide valuable evidence in an investigation. The agency may review driver logs, maintenance records, and the company’s protocols.
If the FMCSA finds violations, the trucking company can be fined. Compliance, safety, and accountability (CSA) points can also be added to the company’s record. In extreme cases, the FMCSA has the authority to order the company’s entire fleet out of service until issues are corrected.
There May Be Additional Forms of Evidence in a Truck Accident Case
While truck accidents are more complex and difficult to investigate, some types of evidence may not be available after a car accident.
FMCSA Accident Reports and Safety Records
The results of an FMCSA investigation can be evidence in a truck accident case. Your lawyer will likely review the trucking company’s safety record as well.
Driver and Trucking Company Records
Trucking companies are highly regulated and required to maintain detailed records.
The following may be used as evidence in a truck accident case:
- Maintenance records for the truck and documented repairs
- Driver records, including hours-of-service documentation
- The driver’s training and hiring records
- Daily logs
- Vehicle inspection logs
- Any past accidents involving the driver
These records can reveal any negligence or violations of federal laws that may have contributed to the crash.
Drug and Alcohol Test Results
The FMCSA oversees a Drug & Alcohol Testing Program. There are specific scenarios in which truck drivers must undergo drug and alcohol tests, including after an accident. A driver must be tested after any collision that causes death or a crash with disabling damage or serious bodily injury if they were cited.
The results of the testing can become evidence in your case to prove that a truck driver was under the influence.
Electronic Logging Devices (ELDs) and Black Boxes
One of the most significant differences between truck and car accidents is the presence of electronic logging devices (ELDs) and black boxes.
These devices record information about the truck’s operation and the crash, including:
- Hours of service (HOS)
- Engine hours
- Miles driven
- Speed
- Arrival and departure times from destinations
- Whether cruise control was on or off
- Speed when a hard brake occurred
- How a driver reacted to an emergency situation or accident
After a crash, data from one of these devices can be analyzed. The driver’s actions and any mechanical issues may be important evidence in your case.
An Experienced Personal Injury Lawyer Can Help You With the Complexities of a Truck Accident Claim
Truck accidents aren’t just more serious; they are also more complex than car crashes. Everything from the claims process and regulations to the investigation and evidence becomes more difficult with a trucking collision.
These cases are best handled by an attorney with specialized knowledge and experience. If you have been involved in an accident with a commercial truck, it’s a good idea to consult an experienced truck accident lawyer as soon as possible.
