5 Unique Elements About Truck Accident Cases
Posted April 13, 2023 in Personal Injury
Truck accidents can be complex and have distinct elements that set them apart from other motor vehicle accident cases. Due to the size, weight, and regulations surrounding commercial trucks, truck accident cases require a thorough understanding of specific factors. That said, it’s important to hire an experienced truck accident lawyer, as our friends at Council & Associates, LLC would recommend you do. Working with a knowledgeable lawyer will give you confidence in all of your financial and legal decisions following an accident. If you are a victim of a truck accident, you have the full right to maximize compensation for medical bills, vehicle repair, emotional suffering, and much more. You shouldn’t have to face this challenge alone, and a great lawyer is there to support you and make sure you understand every part of the process. five unique elements of truck accident cases.
Severity of Injuries and Damages
Truck accidents often result in more severe injuries and extensive property damage compared to accidents involving smaller vehicles. The sheer size and weight of commercial trucks increase the force of impact, potentially causing catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, and multiple fractures. Consequently, the damages sought in truck accident cases are typically higher to account for medical expenses, lost wages, long-term rehabilitation, and pain and suffering.
Federal and State Regulations
Truck drivers and trucking companies are subject to a comprehensive set of federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA) imposes regulations concerning driver hours of service, vehicle maintenance, load securement, drug and alcohol testing, and more. These regulations play a crucial role in determining liability and negligence in truck accident cases. An experienced attorney will understand these regulations and use them to build a strong case.
Multiple Parties and Liability
Truck accident cases often involve multiple parties who may share liability, including the truck driver, trucking company, vehicle manufacturer, maintenance provider, and even government entities responsible for road maintenance. Identifying all responsible parties is essential to ensure proper compensation for the victim. An experienced attorney will thoroughly investigate the accident to determine liability, gather evidence, and hold all negligent parties accountable.
Preservation of Evidence
Preserving evidence is critical in truck accident cases due to the potential for spoliation of evidence. Trucking companies and their insurers often have protocols in place to quickly dispose of or alter evidence following an accident. This emphasizes the importance of preserving crucial evidence such as black box data, driver logs, maintenance records, and electronic onboard recorders. An attorney with experience in truck accident cases will promptly take action to ensure the preservation of evidence before it is lost or tampered with.
Complex Insurance Coverage
Truck accident cases involve complex insurance coverage due to the various policies that may apply. There may be separate policies for the truck driver, the trucking company, and even other entities involved in the accident. Determining the applicable insurance policies, coverage limits, and navigating through the complexities of multiple insurance companies requires the expertise of an attorney familiar with truck accident cases. They can help ensure maximum recovery by identifying all available insurance coverage and pursuing claims against the appropriate parties.