How Truck Accidents Differ from Car Crashes
Truck accidents and car crashes may appear similar at first glance, but they typically involve different legal and insurance standards. If you've been injured in a crash involving a large commercial vehicle, it's important to fully understand these differences.
From identifying liable parties to dealing with federal regulations, truck accident claims require a far more involved approach than typical car accident cases, and a personal injury attorney can help you make sense of your situation. At Stiberth, Scarlati & Boudreau, LLC, based in Chicago, Illinois, we’re dedicated to supporting our clients and helping them make informed decisions.
Key Differences in Vehicle Size and Damage
The most obvious difference between a truck and a car accident is the sheer size and weight of commercial trucks. This has a major effect on the level of damage and injuries involved. The primary differences between these accidents due to vehicle size include the following.
Increased force of impact: An 80,000-pound semi-truck can cause catastrophic damage when it collides with a 4,000-pound passenger car.
Higher likelihood of serious injuries: Truck crashes often result in more serious injuries, such as traumatic brain injuries, spinal cord damage, broken bones, and fatalities.
Property damage is far more severe: Cars are often totaled in truck accidents, and the surrounding infrastructure can also be damaged.
These physical differences alone set the stage for more serious legal and insurance challenges. Once the physical impact of the accident has been assessed, it's necessary to establish liability.
Determining Liability in Truck Accidents
In car accidents, fault is usually limited to the drivers involved. However, truck accidents necessitate a thorough investigation to determine who is legally responsible. Unlike standard car crashes, where one driver may have simply failed to stop in time, commercial truck cases can involve multiple responsible parties, such as the following:
The truck driver: The truck driver may have been distracted, fatigued, speeding, or under the influence, which could have led to the accident.
Trucking company: The company may be held liable if it hired an unqualified driver, failed to maintain the vehicle properly, or encouraged unrealistic delivery schedules.
Vehicle manufacturer: In some cases, defective parts, such as faulty brakes or tires, may contribute to the accident.
Cargo loaders: Improperly loaded or secured cargo can make a truck unstable.
Maintenance providers: A third-party mechanic who neglected critical repairs could also be to blame.
This web of responsibility means that a personal injury attorney must delve into employment records, maintenance logs, and trucking schedules to identify all potentially at-fault parties.
Insurance Policies Are More Complicated for Truck Accidents
Commercial trucking is a heavily regulated industry, and that affects the way insurance policies are written and handled. Some differences in insurance policies between car and truck accidents include the following.
Larger policy limits: Trucking companies are required to carry much higher insurance limits than private drivers. This can mean more money is available, but it also means the insurance company will fight harder to avoid a large payout.
Multiple policies: It's common for several different policies to apply: one for the driver, one for the truck, one for the trailer, and even one for the cargo.
More aggressive defense tactics: Commercial insurers often have groups of attorneys ready to dispute every detail of a claim.
Delay tactics and red tape: These companies may prolong investigations, require excessive documentation, or offer lowball settlements to protect their bottom line.
Due to these issues, it's not enough to treat a truck accident like a fender-bender. A personal injury case involving a commercial vehicle demands a strategic and informed approach. Therefore, it's important to consult a personal injury attorney as soon as possible.
Legal Requirements and Regulations Governing Truck Accidents
Beyond the private insurance dynamics, truck accidents are also governed by strict federal and state rules that don't apply to everyday drivers. Trucking companies and drivers must adhere to detailed safety guidelines established by the Federal Motor Carrier Safety Administration (FMCSA). These rules are designed to prevent accidents, but they also help determine liability.
Hours of service regulations: These laws limit the amount of time a driver can operate a vehicle without taking breaks. Violating these rules can be used as proof of negligence.
Drug and alcohol testing: Drivers are subject to random testing and must pass screenings after any serious crash.
Vehicle maintenance requirements: Trucks must be regularly inspected and maintained, with written records to document the process.
Driver qualifications: Commercial drivers must hold a current Commercial Driver's License (CDL) and meet specific health standards.
These requirements are critical when building a personal injury case. Any violation of the FMCSA rules can tip the scales in favor of the injured party.
Collection of Evidence Following a Truck Accident
With multiple parties, policies, and regulations involved, collecting strong evidence is crucial for filing a successful claim. In personal injury cases involving trucks, investigations often go well beyond the basic police report, and your attorney should work quickly to preserve and analyze important evidence before it disappears. Some types of evidence you should collect include:
Black box data: Most trucks are equipped with electronic logging devices (ELDs) that record speed, brake usage, and hours of service.
Driver logs and time sheets: These data logs typically indicate whether the driver has violated federal rules.
Maintenance records: These documents can help establish whether the truck was physically safe enough to be on the road.
Surveillance and dash cam footage: Videos can offer undeniable proof of what happened.
Witness interviews: Statements from individuals who witnessed the crash can support your version of the events.
Collecting and interpreting this kind of evidence takes time, skill, and access to industry-specific knowledge. A seasoned personal injury attorney knows what to look for and how to get it.
Potential Compensation for Truck Accident Victims
Once the facts are established and evidence is gathered, you will be able to pursue compensation for the damages you incurred. The human toll of truck accidents is often greater than car crashes, and truck accident victims often suffer life-altering injuries that demand substantial compensation. This means the stakes in a personal injury claim are higher.
Medical bills: Emergency care, surgeries, physical therapy, and long-term treatment costs can quickly add up.
Lost income: Many victims are unable to work for weeks, months, or longer.
Pain and suffering: These damages cover both physical pain and emotional trauma.
Loss of consortium: In some cases, the impact of the injury on family relationships may also be compensated.
Permanent disability or death: Catastrophic injuries often result in lifelong disability or loss of life, which carries its own legal standards for damages.
Due to these higher stakes, trucking companies and their insurers are more likely to dispute the value of a claim. This increases the importance of securing experienced legal representation as soon as possible following an accident.
Frequently Asked Questions
When you're recovering from a truck accident, it’s normal to have a lot of questions, especially when the legal and insurance issues feel anything but straightforward. Below, we provide answers to some of the most frequently asked questions about truck accidents.
What Should I Do Immediately After a Truck Accident?
Call 911 to report the accident and seek medical attention, even if you think your injuries are minor. Then, if you're able, take photos of the scene, exchange contact information with witnesses, and avoid speaking to the trucking company or their insurer until you've spoken with a personal injury attorney.
How Long Do I Have to File a Personal Injury Lawsuit in Illinois?
In most personal injury cases in Illinois, you have two years from the date of the accident to file a lawsuit. However, certain circumstances can affect this deadline, so it's better to speak with an attorney as soon as possible.
What if the Trucking Company Offers Me a Settlement?
Be cautious. Initial settlement offers are often far lower than what you're entitled to. Always consult with a personal injury lawyer before accepting any offer, especially in a serious truck accident case.
Contact an Experienced Attorney Today
Truck accidents aren’t just bigger versions of car crashes; they’re an entirely different legal and insurance situation. Victims face a tougher road to recovery and justice, but they don't have to walk it alone. At Stiberth, Scarlati & Boudreau, LLC, we can help protect your rights, collect the evidence you need, and pursue the compensation you deserve.
Located in Elgin, Illinois, we serve clients in Chicago, Illinois, and throughout Cook County and Collar County. Contact us today to set up a free consultation.