What makes truck accident lawsuits different from car accident cases? The most obvious difference is size, as trucks can weigh up to 76,000 pounds more than an average car, resulting in severe damage and catastrophic injuries for smaller vehicle occupants. Additionally, truck accidents involve strict regulations and multiple liable parties, often leading to higher compensation for victims than car accidents.
If you’ve been injured in a truck accident, contact Lloyd Miller Law Group at (773) 838-8100 to pursue compensation from all responsible parties.
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Key Factors That Distinguish Truck Accident Lawsuits from Car Accident Cases
The main differences between truck and car accident lawsuits stem from trucks’ larger size and weight, which cause more severe injuries. Determining liability is more complex in truck accidents and personal injury lawsuits due to multiple parties, such as the trucking company and driver. Additionally, stricter regulations on truck drivers and higher settlement damages contribute to these distinctions.
Severity of Injuries
The nature and severity of injuries from car accidents compared to truck accidents vary due to the vehicles’ size and the forces at play. In a standard car accident, common injuries may include whiplash, broken bones, soft tissue damage, concussions, and various cuts and bruises. While these injuries can range from minor to severe, they tend to be painful and inconvenient, but are generally not life-threatening.
On the other hand, truck accidents frequently result in far more serious injuries, such as traumatic brain injuries (TBI), spinal cord injuries that may cause paralysis, internal bleeding, organ damage, severe burns, multiple fractures, and crushed bones.
Given the sheer size and weight of trucks, fatal injuries are more prevalent. Even at lower speeds, the destruction caused by a truck is greater, often leading to survivors needing significant and long-term rehabilitation, which can last a lifetime.
Liability and Multiple at-Fault Parties
In most vehicle collisions, driver error is the main factor, allowing you to seek financial compensation from the at-fault driver or their insurance. However, in a truck accident, one or more parties may be responsible, which can complicate your case. You will need to identify all parties that may be held liable in a truck accident.
As a result, you might have to seek compensation from several insurance companies at the same time, which could involve:
- Completing multiple claims
- Compiling various evidence files
- Managing several settlement discussions
A truck accident attorney can assist you in navigating truck accident liability laws, ensuring that all negligent parties are held responsible.
The Truck Driver
In certain situations, the actions and behavior of the truck driver may lead to a collision. This is especially true when it comes to truck accidents and the tired trucker. Other instances include when the driver was distracted, under the influence, or speeding. You can also hold the trucker responsible if he or she provides false information in his or her logbook or exceeds the permitted driving hours.
The attorney managing your case can assist you in obtaining copies of the driver’s logbook, driving history, blood alcohol concentration test results, and other evidence demonstrating their actions and financial responsibility.
The Trucking Company
The truck driver is accountable for their actions, but the employing company is also liable for the truck, its upkeep, and various factors that may have led to the accident. Accident-related factors could include faulty vehicle inspections, improperly loaded cargo, insufficiently trained drivers, or inadequate truck maintenance.
Your attorney can obtain relevant documents—such as maintenance records, evidence of driver training or lack thereof, and videos of the cargo loading process—that can help substantiate your case against the trucking company.
Truck and Component Manufacturers
A truck is a large vehicle composed of many parts and components. If a manufacturing or design defect leads to the truck malfunctioning, you may have grounds for a case against the manufacturer. Additionally, you could pursue liability against the companies responsible for the truck’s components. This includes issues like defective windshield wipers that hinder visibility or malfunctioning brakes that prevented the driver from stopping effectively. Your attorney can gather mechanical reports and enlist expert witnesses to establish that a defective part played a role in the accident.
Regulatory Differences
One key distinction between car accidents and truck accidents lies in the regulatory framework that applies to commercial trucking. Unlike passenger car drivers who follow state traffic laws, commercial truck drivers and their companies are required to comply with a stringent set of federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA).
FMCSA Regulations
The FMCSA sets forth regulations concerning:
- Hours of Service (HOS): These rules dictate how many consecutive hours a truck driver can operate their vehicle before they must rest or take a break, aiming to minimize fatigue-related accidents.
- Vehicle Maintenance: Trucking companies must keep their vehicles well-maintained and maintain comprehensive records of all maintenance activities.
- Drug and Alcohol Testing: Truck drivers are subject to regular testing for drugs and alcohol to ensure they are not impaired while driving.
- Licensing and Training: To drive a truck, individuals must obtain a commercial driver’s license (CDL) and undergo training to handle the vehicle safely.
These regulations are designed to enhance safety and lower the likelihood of accidents; however, they also add complexity to the investigation and litigation of truck accident cases. If a trucking company or driver violates FMCSA regulations, they may be deemed liable for an accident, even if they weren’t directly responsible.
Insurance
The FMCSA mandates that truck drivers carry only commercial auto liability insurance if they are not transporting household goods. This type of insurance covers injuries and property damage resulting from an accident caused by the negligence of the truck driver or the trucking company.
The required liability insurance varies depending on the type of goods transported. For for-hire commercial trucks carrying freight, the minimum liability coverage is $750,000. Trucks, whether for-hire or private, transporting oil must have at least $1,000,000 in liability insurance. Additionally, for-hire and private trucks moving other hazardous materials must maintain a liability coverage of no less than $5,000,000.
Some truck drivers may operate illegally without the necessary auto liability insurance. In fact, approximately 16% of motorists in Illinois were uninsured in 2022. If you are injured or experience property damage due to an accident involving an uninsured driver, there are still legal options available to recover damages.
A car accident attorney can help clarify the various legal pathways for compensation after an incident with an uninsured driver. They can assist you in selecting the most suitable legal route for your circumstances and advocate for fair compensation to fully address your damages.
What Makes Truck Accidents So Dangerous?
The size and weight differences between passenger cars and larger trucks result in more severe injuries for car occupants. Statistics indicate that 68% of car occupants face fatal injury risks, compared to just 15% for truck occupants.
In Illinois, nearly 300,000 motor vehicle accidents occur each year. In 2021, there were 295,604 reported crashes, including 12,040 involving tractor-trailers and 9,261 related to delivery trucks. Although commercial vehicle accidents represent a small portion of total incidents, they are more likely to cause serious or fatal injuries for those in smaller cars compared to collisions between two passenger vehicles.
How Size Weight and Height Affect Truck vs. Vehicle Collisions
The most significant distinction between car and truck collisions is their size and weight differences. Research from the Insurance Institute for Highway Safety (IIHS) indicates that a truck can weigh up to 30 times more than a passenger car. While cars usually weigh between 3,000 and 4,000 pounds, fully loaded tractor-trailers can tip the scales at as much as 80,000 pounds.
However, it’s not just weight that sets these vehicles apart. Several other physical features differentiate trucks from personal cars. Commercial vehicles are taller and sit higher above the ground, increasing the risk of smaller vehicles sliding underneath their trailers. They also have larger blind spots, require wider turns, and possess a higher center of gravity, which can influence how an accident occurs. Moreover, some trucks transport hazardous materials like petroleum products or fertilizers that pose a fire risk during a crash.
These size, weight, and height differences between cars and trucks in an accident can lead to several outcomes:
- The car may get lodged under the truck.
- The truck may require up to 40% more distance to come to a stop.
- Occupants of passenger vehicles are placed in a more vulnerable position.
If you or someone close to you has been seriously injured, or if a loved one has suffered a fatal injury in a truck accident, identifying the liable party and holding them accountable can seem daunting. However, with the proper support, you can pursue fair compensation successfully. Contact us at Lloyd Miller Law Group for help with your truck accident claim.
