This post was brought to you by Regan Zambri Long – Personal Injury Lawyer
Truck Accident vs. Car Accident Claims: How They’re Different
Car accidents and truck accident claims have significant differences in liable parties, insurance coverage, compensation amounts, and legal complexities. Understanding these distinctions helps victims set the right expectations, prepare for potential challenges in their lawsuit, and better understand their rights. Below, we break down the key factors that differentiate truck accident claims from car accident claims. More about our truck accident attorneys in Washington D.C. here.
Trucks Are Heavier and Bigger Than Cars Causing More Fatal Injuries
The most fundamental difference between a car accident and a truck accident is the disparity in vehicle size and weight. A standard passenger vehicle weighs between 2,600 and 4,400 pounds, while a fully loaded commercial truck can weigh up to 80,000 pounds. This vast difference in weight (and size) leads to different fatalities after collision.
Due to the massive weight of a truck, collisions with passenger vehicles are significantly more destructive. Trucks generate more momentum, meaning accidents often result in multi-vehicle pileups and catastrophic damage. Conversely, car accidents, though still dangerous, generally involve lower impact forces, making severe injuries and fatalities less common.
The injuries sustained in truck accidents tend to be more severe due to the extreme forces involved. Common injuries in car accidents include whiplash, minor fractures, and concussions, while truck accident victims are more likely to suffer from:
- Traumatic brain injuries (TBI)
- Spinal cord damage and paralysis
- Internal bleeding and organ damage
- Severe burns and amputations
The long-term medical needs for truck accident victims are often extensive, requiring ongoing rehabilitation, surgeries, and home care. Due to the higher medical costs, truck accident victims may receive higher compensation ranging from $40,000 to $500,000, while cases involving severe injuries or fatalities can reach millions. Besides compensatory damages, victims could also receive more payment in punitive damages if the truck driver showed extreme negligence that led to the crash.
The Causes of Truck vs Car Accidents
While both car and truck accidents can result from human error, truck accidents introduce additional risk factors unique to commercial vehicles. These include blind spots, loading errors, and inadequate training.
Common Causes of Car Accidents:
- Distracted driving (e.g., texting, adjusting the radio)
- Speeding
- Driving under the influence
- Running red lights or stop signs
- Weather conditions
- Fatigue
Common Causes of Truck Accidents:
- Driver Fatigue: Truck drivers often exceed legal driving hour limits, leading to drowsy driving.
- Loading Errors: Improperly loaded cargo can shift, causing rollovers. Additionally, improperly secured loads can fall off causing an accident.
- Equipment Failure: Brake failures, tire blowouts, and steering malfunctions occur more frequently in commercial trucks.
- Blind Spots: Trucks have significantly larger blind spots, also known as “no-zones,” on all sides of the vehicle. These blind spots make lane changes, merging, and turning much more hazardous, as smaller vehicles can easily become invisible to the truck driver.
- Inadequate Training: Trucking companies sometimes hire underqualified drivers without proper training. If a victim can prove that the driver’s lack of skill caused the accident, they could hold the trucking company liable for damages as well.
Truck Accidents May Have More Liable Parties Than Car Collisions
Determining liability is often straightforward in car accidents, where fault is typically assigned to one or more drivers. However, truck accident claims involve multiple parties and can be more legally complex. For example, if the truck driver was on employment duty during a crash, a victim can hold the driver’s employer liable for damages.
Liability in Car Accidents
Car accident liability usually falls on one or more of the drivers involved. In Washington D.C., which follows a contributory negligence limitation, a driver found even 1% at fault may be barred from recovering compensation.
Liability in Truck Accidents
Truck accident liability can extend beyond the truck driver. Potentially liable parties include:
-
- The Truck Driver: If they were fatigued, distracted, or under the influence, the driver may be held liable for damages.
- The Trucking Company: If the company encouraged unsafe practices (like setting unrealistic schedules) or hired an unqualified driver, they may also be held liable for damages.
- Cargo Loaders: If improperly secured cargo caused the accident, then cargo loaders may be liable.
- Manufacturers: If faulty truck parts like faulty brakes and steering systems contributed to the crash, the truck manufacturer may also be held liable.
- The Truck’s Owner: Some trucking companies lease trucks from a third party. If the truck owner fails to maintain the vehicle properly, they could be held liable for mechanical failures leading to an accident.
- Maintenance Companies: If negligent repairs led to a mechanical failure.
Because multiple entities may be responsible, truck accident cases require thorough investigations, often involving accident reconstruction experts and review of trucking logs and safety records.
Trucks Have Higher Insurance Policies and Possibly Higher Compensation
One of the most significant differences between car and truck accident claims is insurance coverage. While both types of accidents involve insurance claims, truck accidents often involve higher policy limits and more aggressive legal battles.
Insurance in Car Accidents
In most states, passenger vehicle drivers must carry minimum liability insurance. For example, in Washington D.C., the minimum coverage includes:
- 10,000 USD of injury to or destruction of property of others in any 1 accident
- 25,000 USD of bodily injury or death of 1 person in any 1 accident
- 50,000 USD of bodily injury or death of any 2 people in any 1 accident
Due to these relatively low policy limits, victims may struggle to recover full compensation from insurance companies, especially in severe injury cases. In which case, they may need to pursue more compensation in court.
Insurance in Truck Accidents
Commercial trucks must comply with federal insurance regulations. The Federal Motor Carrier Safety Administration (FMCSA) mandates a minimum of 750,000 USD in liability insurance, with higher requirements for trucks transporting hazardous materials. Depending on the cargo, trucks may be required to carry policies of up to 5 million USD.
Although higher insurance coverage increases the potential compensation for victims, trucking companies and insurers aggressively fight claims to limit payouts. Victims should expect a legal battle and should consider working with an experienced truck accident attorney to protect their rights.
Truck Accidents Have Additional FMCSA Regulations
Unlike car accidents, which are governed primarily by state traffic laws, truck accidents fall under additional federal regulations set by the FMCSA.
FMCSA Regulations:
- Drug and Alcohol Testing: Requires routine drug and alcohol testing for commercial drivers and Post Accident.
- Hours of Service (HOS): Limits driving hours to prevent fatigue-related crashes.
- Vehicle Maintenance Requirements: Mandates regular truck inspections and maintenance, including keeping records of historical inspections and scheduled inspections.
- Cargo Weight Distribution and Anchoring Inspection Regulations: Truck drivers are prohibited from operating a commercial motor vehicle (CMV) unless all cargo is properly secured and evenly distributed. Additionally, truck drivers must inspect cargo and securement devices within the first 50 miles of a trip, when changing duty status, and after driving for 3 hours or 150 miles, whichever comes first.
- Commercial Driver’s License (CDL): Drivers must complete specialized training and certification.
Violations of FMCSA regulations can strengthen a victim’s claim against a trucking company or driver, making regulatory compliance a crucial aspect of truck accident litigation.
Different Evidence Is Needed in Truck Crash Cases
Truck accident investigations require extensive evidence beyond what is needed in car accident cases. Important documents and data include:
- Driver’s Record of Duty Status: To verify compliance with HOS regulations.
- Event Data Recorder: Records speed, braking, steering angles, and other critical metrics before impact.
- Maintenance Records: To check for mechanical failures due to negligence.
- Cargo Records: To determine if improper loading contributed to the accident.
- Employment and Training Records: To evaluate the trucking company’s hiring and training practices.
Additionally, trucking companies often attempt to destroy or hide evidence. Victims should act quickly to preserve critical records through legal actions such as spoliation letters.
Seek Experienced Attorneys for the Complex Truck Accidents Claims
Truck accident claims are significantly more complex than car accident claims due to the severity of injuries, multiple liable parties, higher insurance limits, and federal regulations. Victims of truck accidents must navigate a challenging legal landscape with insurance companies and trucking companies, making it helpful to seek legal representation.
An experienced attorney can help by:
- Investigating the Accident: Gathering critical evidence such as black box data, driver logs, and witness statements.
- Identifying Liable Parties: Determining whether the truck driver, trucking company, cargo loaders, or maintenance providers share responsibility.
- Negotiating with Insurance Companies: Ensuring victims receive fair compensation, as trucking companies and insurers often attempt to minimize payouts.
- Handling Legal Filings and Litigation: Preparing lawsuits, filing necessary documents, and representing victims in court if a fair settlement is not reached.
- Ensuring Compliance with Regulations: Utilizing FMCSA regulations and other federal laws to strengthen claims.
Regan-Zambri-Long-GMB – Profile
Regan Zambri Long is a Washington D.C. Law Firm representing personal injury victims of all kinds of accidents!
As with any business, Regan Zambri Long has a Google Profile detailing all their Practice Areas:
Got Injured In An Accident – Call Regan Zambri Long.
Truck Accident
Truck Accident Attorney Washington
Truck Accident Lawyer Washington
Truck Accident Attorneys Washington
Truck Accident Lawyers Washington
Personal Injury
Personal Injury Attorney Washington D.C.
Personal Injury Lawyer Washington D.C.
Personal Injury Attorneys Washington D.C.
Personal Injury Lawyers Washington D.C.
https://sites.google.com/compbizblog.com/regan-zambri-longp-llc/home
https://drive.google.com/drive/folders/1ekWXSHHgTITfdulBlPvIgvAnOiHR9TaH
https://drive.google.com/file/d/1w_4sOgS7aIR8IzVjgTAkvvZZ1hOUjsQL/view?usp=sharing
Call Regan Zambri Long if you or a loved one has been injured in a truck accident.
Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.