While collisions involving two passenger cars are common, a truck vs car crash presents unique legal challenges. If you have been hurt in a collision with a large commercial vehicle, you need guidance from an experienced Greenville car accident lawyer.
The differences between a standard car vs. car accident and a car vs. truck accident involve complex liability rules, varying insurance requirements, and unique types of evidence. As such, handling a claim against a large trucking company requires specific knowledge.
At David R. Price, Jr., P.A., we understand these distinctions. We help our clients pursue compensation following both minor and catastrophic accidents. We understand that the stakes are high when it comes to truck injuries.
Liability Issues in a Truck vs. Car Crash
In a truck accident, multiple parties may be legally responsible. Potentially liable parties in a truck accident include:
- The Truck Driver:For negligent behaviors like distracted driving, speeding, or driving under the influence.
- The Trucking Company: For negligent behaviors like negligent hiring, poor maintenance, or encouraging drivers to violate Hours of Service rules.
- The Truck or Parts Manufacturer: For cases where a mechanical failure caused the accident.
- The Cargo Loader: For cases where an improperly loaded freight led to an accident.
This extended list of potential defendants means a truck accident case involves a much deeper investigation than a standard passenger vehicle accident.
Differences in Insurance Coverage for Car vs. Truck Accidents
The insurance policies involved in a car vs. truck accident differ. Commercial trucking companies are required to carry much higher liability limits than the minimum coverage required for passenger cars.
- Car Accident Coverage: Limits can vary widely, but state minimums are often low, which can be insufficient for serious injuries.
- Truck Accident Coverage: Due to federal regulations and the potential for catastrophic damage that trucks can cause, commercial policies often have limits in the millions of dollars.
While higher policy limits are important protections and can result in much more substantial recoveries for persons injured in truck accidents, they also mean that insurance companies for trucking firms have extensive resources and experienced legal teams working to minimize payouts.
Evidence Needed in a Truck Accident vs. a Car Accident
The issues and proof required to establish fault and damages differs between a typical car crash and a large truck accident.
Evidence in a Car Accident
In an accident involving two passenger cars, the evidence gathering is usually straightforward. It generally includes the police report detailing the officer’s initial findings and notes on the scene.
You will need photos of the damage to both vehicles and the accident location. Witness statements from bystanders are also important. Finally, medical records and bills can help to confirm the extent of your injuries and the treatment you received.
Evidence in a Truck Accident
A key piece of evidence in truck accident cases is the Electronic Logging Device (ELD) data or driver’s logbooks. This shows how long the driver was on the road, which can reveal violations of Hours of Service rules and prove driver fatigue.
The truck itself contains a “black box” or Event Data Recorder (EDR). This device records crucial mechanical data, including the truck’s speed, braking history, and steering inputs, right before the crash.
You must also review the truck’s maintenance records to determine whether poor upkeep, such as bad brakes or tires, caused the accident. Additionally, the driver’s qualification file and drug testing records can show negligence in hiring or supervision by the trucking company.
Difference in Injury Severity
The difference in injury severity stems mainly from the difference in size and weight of the vehicles involved. A standard passenger car typically weighs around 3,000 to 4,000 pounds. A fully loaded commercial truck, such as an 18-wheeler, can weigh up to 80,000 pounds.
When a vehicle that heavy hits a much smaller car, the force of the impact is often devastating. This mass difference means that truck accidents frequently result in catastrophic injuries to the occupants of the passenger vehicle.
Injuries in truck crashes often include life-altering conditions like traumatic brain injuries, spinal cord damage, severe internal injuries, and sometimes even wrongful death.
Settlement Differences Between Truck and Car Accidents
Settlements for truck vs car crash cases generally differ because of the scale of the potential damages and the insurance policies involved. Since commercial trucks are massive and can cause devastating injuries, the resulting medical bills, long-term care needs, and lost earnings are often much higher than in a standard car accident.
Trucking companies are legally required to carry insurance policies with very high liability limits. Passenger cars may only carry minimal state-required coverage. Because the policy limits are so high and the injuries are severe, the potential settlement value for a truck accident is typically significantly larger than for a car accident.
Due to the substantial money at stake, trucking company insurers fight claims aggressively. They have large legal teams dedicated to minimizing their payouts. Therefore, achieving a fair settlement in a truck accident case usually requires a more robust legal effort and deeper investigation than settling a typical car accident claim.
How a Greenville Car Accident Lawyer Can Help
Here is how our Greenville car vs truck accident attorneys can help clients who have been injured in a truck collision:
Protecting Key Evidence
We act quickly to send a spoliation letter to the trucking company. This legally requires them to preserve crucial evidence before it is lost or destroyed.
Determining All Responsible Parties
We conduct a thorough investigation to identify all potentially liable parties, including the truck driver, the trucking company, the cargo loader, or a parts manufacturer.
Handling the Complex Insurance Battle
We deal directly with large commercial insurance carriers that have extensive legal teams. We manage all communications, paperwork, and negotiations on your behalf, protecting you from settling for less than your claim is worth.
Accurately Calculating Damages
We work with medical and financial experts to determine the full value of your claim. This includes not only current medical bills and lost wages but also projected future expenses, long-term care needs, and compensation for pain and suffering.
Representing You in Court
If the insurance company refuses to offer a fair settlement, we are ready to take your case to court. We prepare your case for trial to seek the justice and maximum compensation you deserve.
Contact Our Greenville Truck Accident Lawyers
If you have been involved in a serious truck accident, do not delay in seeking legal help. The complex rules and high stakes of a truck accident claim require immediate attention from an experienced legal team.
Contact the offices of David R. Price, Jr., P.A. at 864-271-2636 to schedule your free consultation and discuss the details of your case. We are ready to stand up for your rights and fight for the fair compensation you deserve.