 Car accidents and truck accidents are both technically categorized as “auto accidents.” However, as New York truck accident lawyers, we know that while there are similarities when it comes handling both types of cases, there are also several differences. There are a number of factors that affect truck accidents, which may not really affect car accidents. In addition, the claims processes are also quite different.
Here are the three main differences between car accident and truck accident lawsuits:
Accident Causes: When an accident occurs due to driver error or wrongdoing, in personal injury law, these actions are broadly classified as “negligence.” However, the causes of truck accidents are rather unique and often different from the factors that may lead to car accidents. For example, in a car accident, the driver may be impaired, distracted, inattentive, act in a reckless manner, and/or fail to obey the rules of the road. Some of the most common causes of truck accidents are truck driver fatigue and improper loading of tractor-trailers that may cause it to jackknife.
Truck drivers and trucking companies are subject to the Federal Motor Carrier Safety Administration’s (FMCSA) Hours of Service regulations, which spell out the number of hours truck drivers can operate without taking a break. These rules exist in order to insure that truck drivers don’t fall asleep behind the wheel. However, truckers often violate these rules to meet unrealistic deadlines and trucking companies tend to overlook these violations because they are focused on their profits. These types of factors that lead to deadly truck accidents often differentiate truck accident cases from accidents that involve passenger vehicles.
Severity of the Injuries: There is no question that the injuries caused by truck accidents are far more severe that those caused by car accidents. When a smaller passenger car is struck by a fully loaded tractor-trailer that may easily weigh 80,000-pounds, without question, the occupants of the car are likely to suffer devastating injuries. Occupants of smaller vehicles also suffer horrific injuries in “truck underride” crashes that happen when a car slides under the trailer of a larger truck.
Occupants of the passenger vehicles, in such cases, may suffer severe head injuries or may even be decapitated. Some of the common types of disabling or catastrophic injuries that occur in truck accidents include, but are not limited to, traumatic brain injuries, spinal cord trauma, multiple broken bones, amputations, internal organ damage, etc.
Liability Issues: When a car accident occurs, the liability often falls on the at-fault driver and his or her insurance company. However, in a truck accident case, the liability can become a little more complicated because there are other parties such as trucking firms, truck owners and corporations that may be held liable. Most truck companies have a liability insurance policy of $1 million or more depending on the type of commodities they transport. Larger trucking companies or retailers that operate their own trucks tend to have multiple layers of insurance coverage in addition to the base $1 million policy. It is not unusual for trucking companies to have policies totaling more than $5 million. This is because there is the potential for serious or fatal injuries and property damage in truck accidents and safety regulations require adequate insurance coverage. Also, the trailers may have their own insurance in addition to the truck’s insurance.
Compensation for Victims
Injured victims of these types of accidents can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims can also seek compensation by filing what is known as a wrongful death lawsuit.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in an auto accident caused by a negligent driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 46 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.fmcsa.dot.gov/