Truck accident cases are different than your standard car accidents. They usually involve more serious injuries and significant property damage due to the size and weight of the vehicles involved. In fact, a fully loaded semi-truck can weigh over 80,000 pounds.
Because many parties are involved and various federal regulations apply, truck accident cases require more investigation and stronger evidence than a typical motor vehicle accident. Truck accident cases often involve corporate liability and very aggressive insurance defense tactics.
In many cases, the trucking company already has a response team in place, ready to respond within hours. That early advantage can shape the entire case.
You need to understand why truck accidents are more complicated than other claims, and the steps you should take immediately following the accident to give yourself the best chance at fair compensation for your losses.
Why Truck Accident Cases Are More Complex
There are several reasons why truck accident claims can become complicated quickly.
- Multiple parties can be legally at fault for the truck accident, and they will try to shift blame onto each other.
- There are multiple insurance policies at play
- FMCSA regulations will play a role.
- There is evidence that doesn’t exist in standard MVA cases, such as data from the “black box” that shows driver behavior leading up to the impact.
- Key evidence can be lost quickly.
- The insurance company will quickly send investigators to the scene. They are not there to help you; they are there to limit payouts.
- Injuries tend to be more serious because of the truck’s size.
- More money is at stake, and insurance companies will fight harder.
In short, truck accident cases involve more rules and more pressure from the other side. Acting fast can make a real difference. The right steps early on can put you in a stronger position from the start.
Common Types of Truck Accident Cases
Truck accidents are not all the same. The type of crash often shows how it happened. It also points to what evidence matters– and who may be at fault.
Jackknife Truck Accidents
Jackknife accidents happen when the trailer swings out away from the cab. This occurs when trucks brake too hard or lose traction. A jackknifed semi can quickly fill multiple lanes and lead to devastating pileups.
Incorrect loading can cause instability in the trailer by improperly distributing the load’s weight. If that’s the case, you may be able to hold the company responsible for loading the truck liable for the accident.
Underride Truck Accidents
Underride accidents occur when the car slides under the truck’s side or rear-end. These are some of the worst accidents we’ve seen over the years. Passenger vehicles can be completely crushed.
Safety guards are meant to block a car from going under the truck. If they are missing or weak, the risk goes up. Poor visibility can make it hard for drivers to see the truck in time. Long stopping distances can leave little room to react before impact. These are all factors that require a full investigation.
Rollover Truck Accidents
A rollover accident occurs when the truck flips onto its side or roof. They usually happen during a bad turn or if the cargo inside shifts. Not only do rollovers create dangerous road conditions for everyone, but they can also expose multiple parties to liability.
Blind Spot Truck Accidents
Commercial trucks have large blind spots on both sides of the truck, directly behind the trailer, and right in front of the cab. When another vehicle is in the truck driver’s blind spot, and the driver crashes into it while changing lanes, you may have a blind spot truck accident.
Rear-End Truck Collisions
If a truck driver isn’t able to slow down enough to stop before hitting the vehicle in front of them, it’s called a rear-end truck accident. Oftentimes, trucks cannot brake properly when vehicles suddenly stop in front of them because they are so large and heavy.
Drivers may also follow too closely. This cuts down the space needed to brake safely. When that happens, even a small slowdown can lead to a serious crash.
Wide-Turn Truck Accidents
Trucks need to make wide turns. That is just how they are built. We have seen drivers get confused when a truck swings wide or shifts lanes before a turn.
That confusion can lead to quick and risky moves. A car may try to pass or cut in front of the vehicle. That is when a wide-turn accident can happen.
Cargo Spill Truck Accidents
A cargo spill accident happens when freight falls from a truck. Poor loading practices, weak securement, or driver error could be to blame here.
Tire Blowout Truck Accidents
A tire blowout causes truck drivers to lose control in seconds. It can also send debris into traffic and create sudden hazards for others. These cases sometimes involve poor vehicle maintenance and defective equipment.
Multi-Vehicle Truck Pileups
A truck accident can trigger a pileup when the initial impact blocks lanes or causes a chain reaction of other motor vehicle accidents. These cases are chaotic and hard to sort out, depending on the number of drivers involved. Delays only complicate these accidents further, so a speedy investigation matters in this scenario.
Evidence Used in Truck Accident Cases
Truck accident cases turn on evidence that does not exist in a standard car accident claim. The right records can show how the crash happened and who’s responsible. However, much of the evidence is in the trucking company’s control. Sometimes, it can be lost or overwritten within days of the accident.
Evidence in truck accident cases includes:
- Black-box data showing the truck’s speed and other metrics.
- Electronic logging device records that show how long the driver was operating.
- Maintenance records or inspection reports that show whether the truck was in an acceptable operating condition.
- Cargo records show that the trailer was loaded unsafely.
- Video from a dashcam that recorded the crash as it happened.
- Drug and alcohol records that show if driver impairment was a factor.
- The company’s safety history and pattern of negligent supervision or hiring practices
Early action matters in truck accident cases. Some records may be lost if they are not preserved quickly.
The trucking company will begin building its defense right away. The sooner key evidence is secured, the stronger your claim may be.
Who Can Be Liable in a Truck Accident Case?
Truck accident cases usually involve many parties. Each party has a role to play and legal obligations they must follow. Identifying every liable party can lead to an increase in total compensation recovered for your losses. It may also prevent the defendants from shifting more blame onto you than you deserve.
The Truck Driver
The truck driver may be liable for unsafe driving.
A commercial truck driver may be responsible for:
- Speeding
- Fatigue
- Distracted driving
- Impaired driving
- Following too closely
- Unsafe lane changes
- Blind spot errors
- Failure to yield
- Failure to brake in time
The Trucking Company
The trucking company may be liable when its own decisions contributed to the accident.
A trucking company can be held responsible for:
- Negligent hiring practices
- Poor training
- Unsafe scheduling
- Forcing drivers to defy regulations
- Supervision failures
- Negligent retention of unfit drivers
The Trailer Owner
The trailer owner may be liable if the trailer was not safe to operate.
A trailer owner may be responsible for:
- Brake problems
- Lighting defects
- Tire issues
- Unsafe equipment
- Poor upkeep
- Missed inspections
The Cargo Loading Company
A cargo loading company may be liable when freight is loaded in an unsafe way.
A cargo company may be responsible for:
- Improper loading
- Unbalanced weight
- Cargo shifts
- Overloading
- Loose securement
- Falling debris
The Maintenance Provider
A maintenance company may be responsible for:
- Missed repairs
- Faulty inspections
- Brake failures
- Worn tires
- Steering problems
- Unsafe release of the truck
The Manufacturer
A manufacturer may be responsible for:
- Defective brakes
- Tire defects
- Steering failures
- Faulty couplings
- Lighting defects
- Other dangerous parts
What If I Am Partially at Fault for the Truck Accident?
In many truck accident cases, both drivers share some responsibility. That does not mean you lose your right to recover money.
Most states follow some form of comparative negligence. This means fault is divided between everyone involved. Your compensation is then reduced based on your share of the blame.
Texas follows a rule called “proportionate responsibility.” Under Texas Civil Practice and Remedies Code § 33.001, you can still recover damages if you are not more than 50% at fault. If you are found to be 51% or more at fault, you cannot recover anything.
Here is a simple way to think about it. If your total damages are $100,000 and you are found 20% at fault, your recovery would be reduced to $80,000.
Insurance companies know this rule well and try to shift more blame onto you to reduce what they have to pay. Even a small change in fault can cost you thousands.
That is why it is important to build a strong case early. The goal is to show what really happened and keep the focus on the parties who caused the crash.
Federal Trucking Regulations Can Affect a Truck Accident Case
Truck accident cases often involve federal trucking rules. When those rules are broken, the violation helps establish who should be held responsible.
These rules come from the Federal Motor Carrier Safety Regulations in Title 49 of the Code of Federal Regulations. These rules are not suggestions. They must be followed at all times.
Some of the most important federal regulations related to commercial truck accidents include:
- 49 C.F.R. § 391.11 requires drivers to be trained and properly licensed.
- 49 C.F.R. § 392.3 bars drivers from operating a truck when they are too tired or sick.
- 49 C.F.R. § 392.5 bans alcohol use while operating a commercial vehicle.
- 49 C.F.R. § 392.9 requires cargo to be properly secured and checked during the trip.
- 49 C.F.R. § 395.3 limits how long a driver can stay on the road.
- 49 C.F.R. § 395.8 requires drivers to keep accurate logs.
- 49 C.F.R. § 396.3 requires trucks to be properly maintained.
- 49 C.F.R. § 396.11 requires drivers to report safety issues.
- 49 C.F.R. § 382.303 requires drug and alcohol testing after certain crashes.
Showing these violations helps prove the crash was not just a simple mistake. It can point to a pattern of unsafe practices by the company.
When the rules are broken in a serious way, it can support higher compensation awards for the injured person.
What Compensation May Be Available in a Truck Accident Case?
Losses from a truck accident case reach far beyond the crash itself. Medical care can be expensive. Time away from work creates financial pressure. Serious injuries affect your daily life for months, years, or even decades.
We’ve seen firsthand how serious truck accidents can knock a victim’s life off track. Accident victims can deal with a lifetime of treatment following a crash that happened in seconds. Some never return to work the same, or at all.
That’s why we understand just how important it is to get fair compensation in these cases.
The compensation available in a truck accident case depends on the facts of your claim and the extent of your damages.
Compensation from a commercial truck accident claim may include:
- Emergency medical treatment.
- Hospital bills due to your injuries from the wreck.
- Surgeries, if you require an operation.
- Physical rehabilitation.
- Medications that relate to either pain management or continued treatment.
- Lost wages if you miss work following the accident.
- Loss of earning capacity if your injuries prevent you from working as you did before.
- Pain and suffering caused by your physical injuries.
- Emotional trauma stemming from the truck accident.
- Permanent disability damages.
- Long-term care costs.
- Property damage for the repair or loss of your vehicle.
- Wrongful death damages when a loved one is killed in a truck accident.
Some losses are easy to measure with bills. Others are harder to calculate. A serious truck accident claim should account for both.
A full case evaluation can help show what compensation may be available and what the claim may truly be worth.
What Will a Lawyer Ask During an Initial Truck Accident Consultation?
Your first consultation is a great opportunity to see whether you have valid claims.
You’ll be asked questions like:
- When did the accident happen?
- How did the crash occur?
- What type of vehicle was involved?
- Did you see any company markings on the vehicle?
- Did police prepare a report?
- Did anyone take photos or video?
- Did anyone witness the wreck?
- Were you treated for injuries?
- What injuries do you have?
- Have you missed work?
- Have you heard from any insurance companies?
You do not need to have every answer. Many people reach out while they are still getting medical care and trying to wrap their heads around the situation. A good truck accident lawyer will fill in the gaps and start building your case right away.
How to Conduct Yourself After a Commercial Truck Accident
What you do in the first 24 hours following your truck accident can affect your entire case.
The steps you take right after a commercial truck accident should be focused on keeping yourself and everyone around you safe. Then, shift your attention to building your claim.
- Call 911 right away. Police and medical personnel will determine if anyone at the scene needs help.
- Get medical help. Some injuries may not be obvious right away–even if you’re feeling fine. You should get medical attention to be evaluated for injuries like TBIs or internal bleeding. A medical record created soon after the crash creates proof that links the accident to your injuries.
- Follow medical advice and attend all recommended treatment. Gaps in care affect the way insurers evaluate your claim.
- Photograph the scene. Take photos of the vehicles involved, skid marks, debris, and any injuries as soon as possible. When it is safe, begin gathering evidence.
- Try to get the truck and driver’s identifying information. This may include the trucking company’s name, vehicle number, license number, insurance information, etc.
- Be careful what you say. Never speculate about who is at fault.
- Limit communication with insurance adjusters. Insurance representatives may request statements soon after the crash. Consult an attorney before providing any statements to insurance companies.
- Keep records of expenses and losses related to the accident. Bills, receipts, repair estimates, and documentation of missed work help to establish the value of your claim.
- Speak with a truck accident attorney early on. A lawyer will protect your rights and help control the narrative of the crash. They will also speak to insurance adjusters on your behalf.
The hours and days after a truck accident matter more than most realize. Trucking companies will move quickly to protect themselves and their insurers. You should, too.
Speak With a Truck Accident Attorney
Truck accident cases move quickly after a crash.
You deserve someone working just as quickly to protect your interests.
If you or someone you love was injured in a commercial truck accident, speaking with a lawyer early will protect your ability to get the money you deserve for the harm you’ve suffered.
Connect with a truck accident attorney through America’s Truck Accident Network and The National Law Firm-18 Wheeler today. Truck accidents are all we do.
Frequently Asked Questions About Truck Accident Cases
How is a truck accident case different from a car accident case?
Truck accident cases involve Federal safety regulations, more potential defendants, and more types of evidence than your typical motor vehicle collision claim. Since significant money is often at issue, insurance companies usually handle these cases far more aggressively than your standard MVA case.
What federal regulations apply to truck drivers?
Commercial truck drivers and trucking companies are required to comply with the Federal Motor Carrier Safety Regulations.
How long do I have to file a truck accident claim?
The time limit to file a truck accident lawsuit depends on the state where the crash occurred. Each state has its own statutes of limitations for personal injury and wrongful death lawsuits. Speak with an attorney so you don’t miss deadlines to file your case.
What evidence is important in a truck accident case?
Important evidence may include electronic logging device data, black box data from the truck, driver qualification files, inspection reports, maintenance records, cargo securement documentation, and drug or alcohol testing results.
Can more than one party be responsible for a truck accident?
Yes. A trucking company, a trailer owner, a cargo loading company, a maintenance contractor, and a vehicle manufacturer could all be at fault for a truck accident.
What is the average settlement for a truck accident case?
There is no single average settlement amount for truck accident claims. The value of a case depends on many factors.
What damages may be available in a truck accident case?
Compensation in a truck accident claim may include medical expenses, lost income, reduced earning capacity, rehabilitation costs, and damages related to pain and suffering. Additional damages may be available to address long-term care needs.
Do I need a lawyer after a truck accident?
You don’t legally need one, but you should retain a truck accident attorney to get the most money out of your claims.
