Truck accident claims are generally more difficult than car accident claims. That’s because:
- Truck accidents can involve more than one party. For instance, both the trucker and their employer could be at fault for your damages.
- Various filing deadlines could apply to your case, depending on who was involved.
- A truck’s manufacturer could ultimately be accountable for your damages, making it possible to seek damages through a product liability case.
Other variables can complicate a truck accident case. This is where you may benefit from partnering with a lawyer. They can manage each of your case’s challenges and fight for what you deserve.
The Difference Between Truck Accident Claims and Car Accident Claims
You may ask: why should a truck accident claim be any more difficult than a car accident claim? They’re both accidents involving two drivers, right?
While the accident may involve only two drivers, the legal picture is larger. Trucking companies are generally liable for their drivers. The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to “maintain certain levels of financial responsibility.” This financial responsibility may pay for your losses as someone struck by a truck.
Consider this example. You were injured by a drowsy truck driver. However, an investigation shows that their employer imposed unreasonable delivery schedules. This could make the trucker and their employer accountable for your accident.
Truck Accidents Have Many Possible Causes
Have you ever actually looked at a large truck? Unlike a fully-enclosed passenger vehicle, large trucks have many interconnected components. Many of those components are exposed. A malfunction in any one element can cause a truck accident. Therefore, uncovering the cause of your truck accident may not be simple.
Your truck accident may have resulted from driver error. A truck driver may have:
- Been distracted
- Been speeding
- Made a dangerous lane change
- Made an illegal turn
- Been intoxicated
- Lacked proper sleep
- Been driving beyond legal drivetime limits
Other events can cause a truck accident. Unsecured cargo, faulty truck components, faulty trailer components, and dangerous road conditions may cause a collision. Determining a truck accident’s cause requires a thorough investigation. Such investigations take time and resources.
Truck Accidents May Produce Multiple Victims
Large trucks may weigh 30 times more than passenger vehicles, per the Insurance Institute for Highway Safety (IIHS). When a truck strikes another vehicle, it may cause a chain reaction of collisions. You may not be the only person affected by your accident. This may further complicate the legal or insurance claims process.
Damages from truck accidents may require legal action
Truckers and trucking companies must have insurance. However, your losses may be greater than the liable policy’s limits. When this happens, you can file a lawsuit against the negligent party (or parties).
While lawsuits can be very much worthwhile, they may take time. Preparing your case for trial (rather than just insurance negotiations) can add another layer of complication to your case.
Fault Can Also Complicate Matters
Depending on where you live, fault may affect your case’s outcome. In some states, if you’re even one percent at fault, this could prevent you from seeking damages. In other states, you can pursue damages even if you’re at fault, but this ultimately affects how much you can recover.
When you partner with a lawyer, they can investigate your case and determine your percentage of fault. They will also combat any allegations that you caused the collision and don’t deserve compensation.
You Should Consider Legal Aid with Your Truck Accident Claim or Lawsuit
Truck accidents are one of our primary practice areas. When you’re seeking justice for significant losses, such experience matters. An attorney from our team can lead your case from start to finish. Whether by an insurance claim or a lawsuit, we’ll fight for the justice you deserve.
Our team deals with insurance companies. We determine who owes you compensation and why they’re liable. We then seek maximum compensation for you and your loved ones. Expect our team to:
- Gather evidence of your losses
- File and complete your claim
- Provide regular updates
- Hire experts for your case
- Defend your rights
- Calculate your losses
- Determine who (or what) caused your collision
Of course, as mentioned, we’ll handle each of your case’s challenges. Don’t let your anxiety about the legal process prevent you from seeking what you need. Our lawyers are here to carry your legal burdens.
Call D. Miller & Associates, PLLC™ Today To Discuss Your Truck Accident
Don’t wait to contact our team. We have a limited window for filing your truck accident lawsuit. If you wait too long, you may forfeit the chance to seek financial recovery.
Call D. Miller & Associates, PLLC™ for a free consultation today at (713) 850-8600. We’ll answer your questions and review your case. Then, we’ll start seeking justice.