October 15, 2021
We need the trucking industry to help make our lives easier. Trucks deliver our groceries and our goods. They deliver fuel for our vehicles and provide a livelihood for many of our fellow Americans.
While we appreciate what trucking can do for our nation, there is also the realization that a trucking accident is very different from a collision between two passenger vehicles. At Custy Law Firm | Accident & Injury Lawyers, we want to answer some of your questions, particularly if you have been the victim of a trucking accident.
The Differences
- Trucking accidents usually have different causes. When a person is involved in a collision with another regular motor vehicle, the accident is usually caused by driver error. The driver was distracted or driving recklessly. There may be other reasons and causes for the collision. When trucks are involved in a collision, although sometimes, the same distracted or reckless behavior is the cause, often either equipment failure, poor hiring practices, or improper cargo loading is to blame. Additionally, a large truck takes longer to come to a stop, and trucks are less agile on the road, making avoidance of accidents more difficult for the truck driver.
- Trucking accidents are generally more serious. A commercial truck fully loaded can weigh 80,000 pounds. An average passenger vehicle weighs about 4,000 pounds. In a collision between the two, the car is at a distinct disadvantage. There’ll be much more damage to your car and to you and your passengers than to the truck driver. Trucks are usually higher off the ground than passenger cars, with the result that the truck may ride up over the car. This seldom happens in collisions involving only cars. The impact of a truck hitting your car may also increase the potential of flipping your car.
How Is Seeking Damages from a Truck Accident Different?
When a person is involved in a collision with another passenger vehicle, there is usually one person who is at fault. That person will have their own insurance and contact information. Generally, a settlement or lawsuit will result from working with the insurance company of the at-fault driver.
With truck collisions, it may not readily be evident who is to blame. A lawsuit involving a truck collision may result in the following issues:
- There could be more than one person or entity at fault – When a truck hits your car, the truck is a commercial vehicle. That means that the driver may be at fault, but the driver’s employer could also be at fault. This is the case whether the driver is employed directly by the company or if the driver has contracted out his load. Both the driver and the company may be held liable for the accident and the damages you seek in fair compensation for your injuries and losses.
- The truck may be poorly maintained, or equipment may have failed – If this is the case, then additional parties can be held responsible for the cause of your injuries. If a system or equipment on the truck has failed, then the equipment manufacturer may be at fault. If the maintenance was done by an outside organization other than the employer/company, then they also may be held liable for damages if their maintenance was improperly performed.
- Determining fault is more difficult – Whether it’s the driver, the company, the manufacturer, or the maintenance company, there will be plenty of people who deny that they played any part in causing the accident. They will have insurance companies and defense attorneys who will argue their client is not guilty. They’ll try to place the blame on someone else: you. Documentation will be more complicated, and delays may be introduced to try to make the settlement or lawsuit go away.
That’s Why You Need Custy Law Firm | Accident & Injury Lawyers
At Custy Law Firm | Accident & Injury Lawyers, we understand all the difficulties that arise when trying to pursue compensation after a truck collision. We have over ten years of experience in dealing with insurance companies, defense attorneys, and trucking companies. We know the ins and outs of their strategies to deprive you of the damages you should receive for your injuries.
We want to hear from you. Call us at (219) 286-7361 or contact us online to set up a free consultation. We’ll use this time to hear what you have to say about the collision. We’ll tell you what steps we can take to represent you before the people arrayed against you. We will take your side. We will work with you to come up with a plan that will most likely result in you settling for fair and just compensation. If we have to go to court to find a fair conclusion, we have the ability and the will to do so. We won’t make a major decision without your okay. After all, it’s your case, and we work for you.
Call us at (219) 286-7361, or reach out online today.
