Not only is a truck accident more dangerous for victims to experience, but they are also a more challenging kind of case to pursue in civil court. Some common challenges in truck accident cases are:
- Understanding trucking industry regulations
- Identifying all parties involved
- Negotiating with multiple insurance companies
- Dealing with multi-vehicle collisions
- Resistance from the insurer against serious injury victims
A Jacksonville truck accident lawyer is often helpful in complex cases. They can help the victim to navigate these hurdles and build a solid case–an otherwise difficult task for someone still recovering from a severe accident.
Trucking Regulations Can Make Understanding Accidents Challenging
Large commercial truck drivers and companies must follow certain regulations to ensure safety. These regulations can dictate:
- The weight and cargo of a vehicle
- How long a driver can drive before taking a break
- Inspections, maintenance, and repairs
- Training for truck drivers
- Insurance coverage and record requirements
For instance, the Federal Motor Carrier Safety Administration (FMCSA) provides hours-of-service regulations, which differ for drivers who transport property and drivers who transport passengers. A driver who violates these hours-of-service requirements is considered negligent if they cause any accident due to drowsy driving.
Hours-of-service regulations are just one example of the industry-specific information that could come up in a truck accident case. Any field with specialized regulations can pose a challenge for someone without legal experience, and commercial trucking is no exception.
Truck Accident Attorneys Are Familiar With Regulations
A Miami truck accident lawyer can draw on their experience as well as the knowledge of trucking industry expert witnesses to identify any possible violations that could apply to your case. You don’t need to know any trucking regulations yourself—your legal team can do that for you.
The Challenge Of Identifying All Parties Involved In A Truck Accident
Because of the size of commercial trucks, difficulty braking, and their tendency to roll over, when accidents do happen, they can cause damage to more than one vehicle. Additionally, since trucks are complex machines, equipment failures can contribute.
As a result, not only can it be a nightmare for the average person to sort through every insurance company involved and disputes of fault, but it can be difficult to know who to pursue.
Your truck collision attorney can evaluate evidence like camera footage, eyewitness testimony, and even reconstruction of the accident to create a timeline of events leading to the crash. This can help them identify how many parties were involved and what degree of fault they share for the accident.
The Trucking Company’s Involvement
Trucking companies typically share responsibility with the drivers they employ. Furthermore, in addition to being responsible for driver negligence—impaired driving, tailgating, speeding—companies are also liable for their own negligence:
- Failing to vet the drivers they hire
- Lack of training for their drivers
- Failure to maintain the vehicles
- Failure to enforce regulations
As businesses, trucking companies sometimes try to blame the drivers or other parties to avoid getting involved. Armed with insurers and lawyers with extensive experience to defend them, they can resort to intimidation or overwhelm accident victims. An attorney can stand up to them to ensure you aren’t bullied or taken advantage of.
Third-Party Liability
A third party may have caused or played a role in a truck accident due to:
- Defective products
- Errors when installing parts
- Improper cargo loading
- Issues with the cargo itself
Product manufacturers and cargo companies can share some blame for a truck accident. Unfortunately, when they are involved, finger-pointing can start between them and the trucking company.
Evidence can help illustrate when a third party is liable. For instance, analysis of debris from the accident by an expert could show if a product was defective. Likewise, safety violations by a cargo company could highlight negligence.
Liability In Multi-Vehicle Collisions
Finger-pointing isn’t limited to large companies. The truck driver and other drivers involved in the crash may try to blame each other and claim their own innocence.
In reality, liability is sometimes shared between more than one party. Some states, like Florida, even split fault between everyone by a percentage during litigations.
If your case involves more than one vehicle, and the other parties are arguing over fault, you can consult a truck accident lawyer to investigate and handle negotiations.
Serious Injuries Can Create Challenging Truck Accident Cases
The FMCSA reports that the significant size of trucks increases the risk of severe injuries. Collisions with large trucks can cause injuries like:
- Broken bones
- Loss of limb
- Internal damage
- Burns
- Lacerations
- Head and brain injuries
- Neck, back, and spinal cord injuries
These can come with a high price tag. In fact, the Agency for Healthcare Research and Quality (AHRQ) found that inpatient stays for traumatic brain injuries (TBIs) cost 74 percent more compared to other injuries.
Serious injuries and their associated costs can, against all reason, initiate more resistance from trucking companies and insurers. Recognizing that they will have to pay a lot if they are found negligent, the other party may try harder to either avoid or cut down on their liability.
As a result, truck accident cases involving severe injuries are sometimes more challenging due to the combativeness they can inspire.
Don’t Confront These Truck Accident Challenges Alone
Because truck crashes can involve large companies, more than one party, and serious injuries, they can get complicated for victims. Fortunately, the Law Offices of Anidjar & Levine are familiar with common challenges in truck accident cases. Our team can evaluate your case for free and then tackle each dispute on your behalf. We even handle logistical issues in the meantime, like appointment scheduling and vehicle repairs. Call now to learn more!
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