SmartipediaHow are truck accident settlements different from car accidents?
Truck Accident Settlements: Not Your Average Fender Bender
Imagine you’re driving down the highway, and suddenly, a massive 18-wheeler comes barreling towards you. The impact is catastrophic, and your life is forever changed. In such a scenario, the settlement process for a truck accident is vastly different from a typical car crash. Let’s explore why.
The Sheer Size Matters
Trucks are massive machines, often weighing over 80,000 pounds when fully loaded. This immense size and weight can cause devastating damage in an accident. Unlike a car crash, where injuries may be relatively minor, truck accidents often result in severe injuries or even fatalities due to the sheer force involved.
Liability: A Complex Web
In a car accident, liability is usually straightforward – one driver is at fault. However, in truck accidents, liability can be a tangled web involving multiple parties. The truck driver, the trucking company, the cargo loader, and even the truck manufacturer could all potentially share responsibility, making settlements more complex.
Deeper Pockets, Higher Stakes
Trucking companies are typically well-insured and have significant resources to defend themselves in legal battles. This means that settlements in truck accident cases can be much higher than those involving passenger vehicles. However, it also means that the legal process can be more protracted and challenging.
Three Surprising Facts
Underride Guards: Many truck accidents involve smaller vehicles sliding underneath the trailer, leading to catastrophic injuries. Underride guards, designed to prevent this, are often inadequate or improperly maintained, contributing to the severity of accidents.
Driver Fatigue: Despite strict regulations, driver fatigue remains a significant factor in truck accidents. Trucking companies sometimes pressure drivers to violate hours-of-service rules, putting profits over safety.
Black Box Data: Like airplanes, many modern trucks have “black boxes” that record data like speed, braking, and other factors. This data can be crucial evidence in determining liability and negotiating settlements.
Breaking It Down
- Severe Injuries: Truck accidents often result in life-altering injuries, such as traumatic brain injuries, spinal cord damage, and amputations.
- Multiple Parties Involved: Liability may be shared among the driver, trucking company, cargo loader, and even the truck manufacturer.
- Higher Settlement Amounts: Due to the severity of injuries and the deep pockets of trucking companies, settlements in truck accident cases can be significantly higher than those involving passenger vehicles.
Learn More
- Comparative Negligence: How fault is apportioned in accidents involving multiple parties.
- Trucking Regulations: The complex web of federal and state regulations governing the trucking industry.
- Traumatic Brain Injuries: A common and devastating consequence of truck accidents, and the long-term care required.