Truck accident claims can be more complicated than ordinary car accident claims because commercial trucks are subject to additional safety rules, often have multiple potentially responsible parties, and can produce extensive records after a crash. The size and weight of a truck can also result in serious injuries and substantial property damage. These factors can affect how an accident is investigated and how a claim is handled.
Arlington is part of the Dallas-Fort Worth area and has a busy transportation network that includes major highways and routes used by both passenger vehicles and commercial trucks. Heavy truck traffic can create different risks than those associated with ordinary passenger vehicles.Â
For someone involved in a collision, working with a truck accident lawyer in Arlington may involve examining driver conduct, company practices, vehicle maintenance, and other evidence that may not be as important in a typical car accident claim.
Commercial Trucking Rules
Commercial truck drivers and trucking companies may have to follow federal and state regulations that do not apply to ordinary passenger drivers. These rules can address areas such as driver qualifications, hours of service, vehicle inspections, maintenance, and cargo requirements.
The Federal Motor Carrier Safety Administration’s regulations are an important part of many commercial trucking investigations. For example, 49 C.F.R. § 395.3 generally limits the amount of time certain property-carrying commercial drivers may operate without taking required rest periods.
A violation does not automatically establish liability for every accident, but records showing a regulatory violation may become relevant evidence.
More Parties May Be Involved
A car accident claim often focuses on the drivers involved. Truck accidents can involve additional parties.
Depending on the circumstances, a claim may raise questions about the trucking company, truck owner, maintenance provider, cargo loader, manufacturer, or another business. Determining which parties may be responsible can require a detailed investigation.
Trucking Records Can Be Important
Commercial trucks and trucking companies may generate records that can help explain what happened before a crash. These can include driver logs, electronic logging information, inspection records, maintenance documents, dispatch records, and other company records.
Video from nearby businesses, traffic cameras, onboard systems, and other sources may also provide evidence about the collision.
Preserving this evidence early can be important because some information may not remain available indefinitely.
Injuries May Be More Severe
The difference in size and weight between a commercial truck and a passenger vehicle can contribute to serious injuries. A truck crash may result in broken bones, spinal injuries, traumatic brain injuries, internal injuries, or other long-term conditions.
When injuries are serious, the claim may need to account for continuing medical care, rehabilitation, lost income, reduced earning capacity, and other future losses.
Insurance Issues Can Be More Complex
Commercial trucks generally involve commercial insurance policies, and the available coverage can differ from an ordinary personal auto policy. Depending on the circumstances, more than one insurance company may become involved.
Insurance adjusters may investigate the driver’s actions, the trucking company’s records, vehicle maintenance, and other issues before evaluating the claim.
Determining Liability Requires More Investigation
Truck accident claims can involve several possible causes. Driver fatigue, distracted driving, speeding, unsafe lane changes, inadequate maintenance, improperly secured cargo, and other factors may need to be considered.
The investigation should focus on evidence rather than assumptions. Police reports, photographs, witness statements, vehicle inspections, medical records, and commercial records may all help establish what happened.
Truck Accident Claims Can Take Longer
Because of the number of parties, amount of evidence, severity of injuries, and insurance issues involved, some truck accident claims take longer to resolve than straightforward car accident claims.
A case may settle through negotiations, but disagreements about fault or damages can lead to litigation. During a lawsuit, the parties may request documents, take depositions, consult experts, and investigate the evidence in greater detail.
Key Takeaways
- Truck accidents can involve federal and state commercial vehicle regulations.
- Several companies or individuals may potentially share responsibility.
- Driver logs, maintenance records, and other trucking documents can be important.
- Commercial insurance claims may involve larger or multiple policies.
- Serious injuries can require consideration of future medical and financial losses.
- A detailed investigation may be necessary before liability and damages can be determined.
