There are more than 38,000 commercial motor vehicle crashes in Texas each year, including truck accidents. According to TXDOT, trucking accidents result in hundreds of fatalities and thousands of injuries each year.
Our experienced Houston car accident lawyer at Haun Mena explains why truck accident claims are more complex than car accident cases.
Understanding Truck Accidents Compared to Car Accident Claims
FMCSA reports that 1% of crashes involving large trucks result in fatalities. But for all motor-vehicle crashes, the fatality rate is .2%.
Overall, the injury rate is about the same – 22% of motor-vehicle crashes result in injury, whether the collision involves a large truck or only passenger vehicles. However, a collision involving a large truck is more likely to result in a fatality due to its size, weight, and increased stopping distance compared to passenger vehicles.
How are truck accidents different from car accidents?
When a motor vehicle accident involves a large truck, the parties injured are occupants of cars and passenger vehicles 65% of the time.
Only 16% of injuries are to the truck occupants.
Large trucks require up to 40% more stopping distance than passenger vehicles. In addition, a semi-truck can weigh up to 80,000 pounds fully loaded, compared to the average weight of an automobile of 4,094 pounds, according to JD Power. These factors can make passenger vehicle occupants especially likely to sustain injury when a crash involves a truck.
Ways Truck Accident Cases Are More Complex than Car Accident Cases
1. Greater damages
Trucks are large and heavy. They frequently travel on freeways, highways, and rural roads at high speeds. These factors can result in severe injury when an accident occurs.
More severe injuries mean greater damages in a compensation claim. It means more in-depth case preparation to understand injuries, their impact, and future expenses. Care must be taken to evaluate pain and suffering.
Along with greater damages and a higher overall case value, a trucking accident may be more complicated because of insurance policies.
Trucks have elevated insurance minimum requirements compared to passenger vehicles. The exact requirements vary based on the type of operation and cargo transported. Investigating insurance and proving coverage can be a significant part of truck accident compensation.
2. Regulations
Commercial trucking is heavily regulated. Texas commercial trucking regulations cover a variety of topics, including size, weight, markings, licensing, equipment, and registration. FMCSA also publishes federal regulations that apply to interstate trucking operations.
In addition to special regulations for truckers, the rules of the road that apply to all drivers apply to commercial trucking operations.
These rules and regulations may be important to investigating how the accident occurred and who is at fault. When pursuing the case, the plaintiff must determine what rules and restrictions may apply, how they may help the case, and how to prove a violation.
3. Interstate and intrastate trucking
Some commercial trucking operations function only within the State of Texas. Others operate in multiple states. When there are multiple states involved, a truck accident claim may become more complex. There may be questions of where to file the case. There may be questions about what laws apply.
4. More complex investigation
Because of the heavy weight and large size of commercial trucks, the cause of a crash can be more complex. The truck may have been carrying a load that impacted its speed, direction, and sway. Calculations of the forces involved in a trucking crash can be more detailed than a crash involving passenger vehicles alone.
In addition, an investigation may inquire into the operations of the trucking company. Electronic logging devices, operational records, maintenance, and hiring practices may be relevant to a claim. It may be necessary to inspect a truck.
5. The standard of care
A truck accident claim is based on another party, usually the trucking company, violating its standard of care. You must prove the standard of care. The standard of care is what a reasonable person would have done in the same circumstances. For a trucking company, that means a reasonable trucking company.
For example, you may need to explain that a reasonable trucking company handles hazardous materials properly. You may need to show that the trucking company was unreasonable to require drivers to operate for too many hours without rest. Establishing the standard of care in a trucking accident claim can be especially complex because of the commercial operation. But it’s critical to prove failure to meet the standard of care to establish liability.
6. Multiple liable parties
There may be more than one responsible party in a trucking accident claim. Multiple entities may be involved in operations, maintenance, and load planning. The design of the road may be a contributing factor. There may be multiple vehicles and responsible parties involved.
7. Legal representation
Trucking accident claims are often for large amounts. Higher insurance maximums may be involved as compared to passenger vehicle insurance limits. That means trucking companies have large teams of lawyers to represent them and fight claims.
A truck accident claim may be more likely to go further in the claims process than a passenger vehicle accident claim. It may be necessary to file the case in court, conduct detailed discovery, and attend court hearings. It may be necessary to take a case to trial.
Are Truck Accident Laws Different From Car Accident Laws?
Generally, truck accident laws are the same as car accident laws. All drivers have a legal duty to use care and caution on the roads. When negligence or more serious misconduct is the cause of an accident, the party responsible may be liable to pay compensation. Trucking operations are evaluated against a commercial operating standard of care, considering regulations and the dangers associated with large, commercial vehicles.
Get Legal Help
Truck accident claims are more complex than car accident cases. You can have the help of an experienced car accident lawyer. You can have representation from Haun Mena.
Contact us for a free evaluation of your truck accident claim. See what issues may make your case complex, and how we help clients build strong cases. Call or message us now.
