The Unique Challenges of Truck Accident Claims: What Sets Them Apart from Car Accidents

Vehicle crashes between two cars are bad enough, but when trucks are involved, the results are even more deadly. Smaller vehicles are no match for a big truck in an accident. Large trucks carry enormous weight; they are difficult to maneuver, and when loaded with freight, they may take 20 to 40 percent longer to stop than a car. It’s no wonder that an accident with a truck may result in major property damage, catastrophic injuries, and multiple fatalities.  Survivors face mounting medical bills and expenses when they are suffering and may be unable to work; their lives and those of their families may never be the same.

If you or a loved one was injured or someone has died in an accident with a truck, you may be entitled to compensation for your losses through insurance or a lawsuit. However, Kentucky laws are complicated, and trucking companies and their insurers have high-powered lawyers working to get you to settle for the lowest amount possible, so it is difficult to fight for fair compensation on your own. When a truck is involved, it is especially important to seek legal representation from an attorney who has experience in the unique challenges of truck accident cases and who understands what sets them apart from car accidents.

What are the Key Differences Between Truck and Car Accidents

In addition to the fact that truck accidents typically result in more severe injuries and fatalities, there are several key differences between car and truck accidents. The following are some to be aware of:

Complications from laws and regulations. Because the potential for damage is so large in the trucking industry, there are specific laws and responsibilities that must be adhered to. For example, truck drivers must be in compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations, including commercial driver’s license standards; safety fitness procedures; financial responsibility for motor carriers; hours of service for drivers; and inspection, repair and maintenance of vehicles. If any of these were violated, it can be evidence of negligence and can impact liability in truck accident cases.

Multiple liable parties: While car accidents usually involve only the drivers, truck accident claims may involve multiple potentially liable parties. These include:

• Trucking companies that may have been negligent in hiring, supervising, or training drivers, or that pressure drivers to exceed maximum hours-of-service regulations
• Maintenance personnel who may have failed to properly inspect, maintain, and repair their trucks
• Cargo companies that may be responsible for improper load securement that could allow shifting
• The municipality or company responsible for road maintenance if faulty road conditions were responsible for the accident
• The manufacturer of the truck or its parts, if these were defective
• The truck’s owner, if a party other than the truck driver or trucking company owns the commercial truck.

Insurance issues: Commercial trucks are required to carry higher insurance coverage than passenger vehicles due to the potential for severe damages, so they are more likely to dispute the claim and fight to minimize their financial liability. They may use tactics such as offering you a quick settlement for less than your case is worth, or attempt to trick you into saying something that can be used against you.

Evidence issues: Truck accidents can involve complex evidence, including operational records of the trucking companies, accident reconstructions, and data from truck event data recorders (“black box”). Truck companies and their insurers have a team of investigators they immediately send to investigate the crash and driver logs, truck maintenance records, and data from electronic logging devices to look for evidence that helps their case.

Need for specialized legal expertise: Truck accident cases often require attorneys with specific experience in commercial vehicle regulations and the trucking industry. For example, all carriers and drivers operating commercial motor vehicles (CMVs) must comply with hours of service (HOS) regulations that dictate the maximum amount of time drivers are permitted to be on duty and the number and length of rest periods, to help ensure that drivers stay awake and alert.

Unique Challenges in Truck Accident Claims

To win your truck accident claim, your attorney must be able to show that another party, the defendant in the case, was negligent or at fault for causing the accident and should therefore be held liable for the ensuing damages. To prove negligence, your attorney would have to demonstrate the existence of the following factors:

• Duty — The defendant owed you a duty of reasonable care not to cause harm.
• Breach — The defendant breached this duty by actions or failure to act.
• Cause — This breach of duty caused the accident.
• Damages — You suffered injuries and damages as a result.

Proving negligence in truck accident cases is especially challenging due to the complex regulations and multiple parties involved who may be at fault and liable for damages. In addition, there are several Kentucky laws that complicate truck accident cases, although these apply to car accidents as well.  These include:

• Contributory negligence: In cases where you did something to contribute to the accident, according to Kentucky Revised Statutes section 411.182, the amount of damages you can recover in a lawsuit is reduced by the same percentage you are found to be at fault for causing the crash. As a result, insurance companies will try to put the blame for the accident on you.
• Statute of limitations: Kentucky has a statute of limitations, a deadline for filing a lawsuit for personal injury or wrongful death cases. According to the law (KRS 413.135), you generally have just one year from the date of the accident that led to the injury to file or the courts will probably refuse to hear your case.

How to Navigate Truck Accident Claims — Get Help from an Experienced Truck Accident Lawyer

After a collision involving a truck, you may be entitled to compensation for both your economic damages for monetary losses and your non-economic damages that do not have a specific dollar value but negatively impact your life. Truck accident claims are too complicated to navigate on your own. Get help from a skilled personal injury attorney who knows the law and how truck companies and their insurers operate.

Attorney Billy Johnson has successfully secured settlements and jury awards on behalf of truck and other vehicle accidents across Kentucky, and he is fully prepared to do the same for you. He will aggressively fight for your rights and the financial compensation you deserve.

We work on a contingency basis, so we get paid only when you get paid. Call the Johnson Law Firm at 606-437-4488 today for a free, no-obligation consultation.

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