A truck collision can be far more serious than an ordinary car accident. Commercial trucks are significantly larger and heavier than passenger vehicles, which can result in severe injuries, extensive property damage, and complicated insurance claims. If you or a family member has been injured in a truck crash, consulting a truck collision attorney can help you understand your legal rights and pursue appropriate compensation.
Why Truck Accident Cases Are Complicated
Truck accident claims often involve more than just the truck driver. Depending on the circumstances, potentially responsible parties may include the trucking company, vehicle owner, maintenance provider, cargo company, or another business involved in the transportation process.
Federal trucking regulations can also play an important role. The Federal Motor Carrier Safety Administration (FMCSA) establishes financial responsibility requirements for certain commercial motor carriers. For example, for-hire interstate property carriers operating vehicles with a GVWR of 10,001 pounds or more and transporting non-hazardous property generally have a federal minimum public-liability requirement of $750,000. Higher limits may apply to certain hazardous materials.
Because multiple parties and insurance policies may be involved, determining who is legally responsible can require a detailed investigation.
Common Causes of Truck Collisions
Truck crashes can happen for many reasons. Some common causes include:
- Driver fatigue or hours-of-service violations
- Distracted driving
- Speeding or aggressive driving
- Driving under the influence
- Improper lane changes
- Inadequate vehicle maintenance
- Brake or tire problems
- Improperly loaded or secured cargo
- Poor weather or road conditions
A truck collision attorney may investigate the driver’s conduct, the trucking company’s safety practices, maintenance records, and other evidence to determine what caused the crash.
Evidence That Can Strengthen Your Claim
Evidence can become critical in a truck accident case. Important records may include police reports, medical records, photographs, witness statements, vehicle damage information, electronic logging data, driver qualification records, maintenance documents, and available video footage.
FMCSA guidance identifies certain commercial-vehicle crashes as reportable when specific vehicle and severity criteria are met, including crashes involving qualifying large commercial vehicles where someone is killed, an injured person receives treatment away from the scene, or a vehicle is towed from the scene.
An attorney can work to preserve relevant evidence before it is lost, altered, or destroyed.
Compensation After a Truck Collision
Depending on the facts of the case and applicable state law, an injured person may be able to seek compensation for medical expenses, lost income, reduced earning capacity, property damage, pain and suffering, and other accident-related losses.
The amount and types of compensation available can vary considerably by state and by the circumstances of the collision. Insurance companies may also attempt to minimize the value of a claim, making careful documentation especially important.
Why Hire a Truck Collision Attorney?
A truck collision attorney can handle communication with insurers, investigate the crash, identify potentially responsible parties, gather evidence, calculate damages, and negotiate for a fair settlement. If a reasonable settlement cannot be reached, the attorney may also represent the injured person in litigation.
Because trucking cases can involve federal regulations, commercial insurance policies, multiple defendants, and significant damages, professional legal guidance can be particularly valuable.
Take Action After a Truck Accident
If you have been involved in a truck collision in the USA, seek medical attention promptly and keep records of your treatment and expenses. Avoid giving a recorded statement to an insurance company or accepting a settlement before you understand the potential value of your claim.
Most importantly, consider speaking with a qualified truck collision attorney as soon as possible. The deadlines for filing personal injury claims vary by state, so waiting too long could affect your legal rights.
This article is for general informational purposes only and does not constitute legal advice. Truck accident laws, deadlines, and available compensation vary by state. Consult a licensed attorney in the applicable jurisdiction for advice about your specific situation.