Truck accidents are much more complicated than car accidents and the consequences are much worse. Because of the size of commercial trucks, the potential for catastrophic injuries and complicated liability is much higher. On top of dealing with multiple liable parties, victims have to navigate federal and state regulations and fight off insurance companies who want to pay out as little as possible.
In this post we’ll go over the unique challenges of truck accident cases, why they are much more complicated than car accidents, and how working with an experienced Raleigh truck accident lawyer can make all the difference in getting you the compensation you deserve.
The Size and Power of Commercial Trucks
Truck accidents are complicated because of the size and weight of commercial vehicles and the consequences are severe.
Increased Severity of Injuries
The size and weight of commercial trucks multiply the severity of the accident. When a truck is involved in a crash, truck accident injuries are often catastrophic. Victims in smaller vehicles can suffer life-changing injuries that require extensive medical treatment, rehabilitation, and long-term care. The bigger the vehicle, the bigger the impact, and that means more severe consequences for everyone involved.
Long and Complicated Recovery
In addition to the higher risk of severe injury, truck accidents mean longer recovery time for truck accident victims. Victims face not only extended medical treatment but higher medical bills which can be a huge financial burden on their families. The impact on victims’ lives is profound, they can’t work, take care of themselves, or live the life they had before. Because of this complexity, it’s important to have an attorney who understands the scope of these cases and can get you the compensation to pay medical bills, lost wages, and ongoing care.
Multiple Parties and Complexity
Truck accidents involve multiple parties so liability is more complicated and requires investigation to determine who is at fault.
More Than Just the Driver
Truck accidents involve multiple parties, including truck drivers, so liability is more complicated than car accidents. While the truck driver may seem like the obvious party at fault, others may be responsible. These can be the trucking company that employed the driver, the cargo loaders who loaded the truck improperly, or even the manufacturers of the truck parts. Each of these parties may have contributed to the accident and identifying all the responsible parties is key to building your case.
Trucking Companies Are Liable
Trucking companies have a legal obligation to ensure their drivers and vehicles are safe. That means following federal regulations, maintaining their fleet, and making sure drivers are properly trained and not overworked. When they fail to do that they can be held liable for the accidents caused by their negligence. An experienced lawyer will dig into the trucking company’s practices to find any violations or negligence that contributed to the accident and make sure all responsible parties, including the insurance company, are held accountable.
Shared Liability Among Multiple Parties
In truck accidents, liability can involve multiple parties. For example, cargo loaders may be liable if they loaded the truck improperly and it became unbalanced and the manufacturer may be at fault if a defective part caused the accident. A skilled attorney can sort through these complex liability issues and make sure each party is held accountable and get you the most compensation possible. Truck accident claims present unique challenges that differ significantly from standard auto accident cases, making expert legal guidance essential for victims seeking compensation.
Federal and State Trucking Regulations
Trucking accidents are governed by a web of federal and state regulations which is key to liability and compliance.
Federal Motor Carrier Safety Regulations (FMCSR)
Commercial trucking is heavily regulated by federal laws, specifically the Federal Motor Carrier Safety Regulations (FMCSR). These rules cover everything from the number of hours a driver can work to the maintenance of the truck. Violations of these regulations are key in truck accident cases. For example, a driver may go over the hours of service get fatigued, and have an accident or a truck may not meet the safety standards and have a higher chance of a truck crash.
State Regulations
In addition to federal regulations, each state, including North Carolina, has its trucking laws that may add more safety requirements. These state laws can include weight limits, hazardous materials, or other operational standards. An experienced attorney will know both federal and state regulations to determine if any of those were violated in the accident.
Using Regulatory Violations in Your Case
Proving a trucking company or driver that violated federal or state regulations can be a big win for your case. Getting access to key evidence such as driver logs, black box data, and maintenance records is crucial to show non-compliance. A truck accident attorney who has experience in truck accident cases will know how to get and analyze those records to find regulatory violations and use them to establish liability.
Insurance in Truck Accidents
Truck accidents involve complex insurance issues that require specialized legal knowledge to navigate, especially when filing a truck accident claim.
Big Insurance Policies
Trucking companies have big insurance policies which adds to the complexity of the claims process. These policies are designed to protect the company from big financial loss but they have aggressive insurance adjusters who will do everything to minimize the payout. Without legal representation, victims may be offered settlements way below what they are entitled to. An experienced lawyer knows how to deal with these insurers and make sure victims get fair compensation for their injuries and losses. It is crucial to consult truck accident lawyers who specialize in handling such complex cases to ensure rightful compensation.
Multiple Insurers
Truck accidents involve more than one insurer. The trucking company, the driver, and even the cargo loaders or manufacturers may have separate insurance policies. Figuring out which insurers are responsible for the damages can be a long and complicated process. An experienced attorney will identify all the relevant insurers and make sure each is held accountable so the victim’s claim is fully addressed.
Complex Insurance Coverage
Understanding the multiple insurance policies and their coverage limits is key in truck accident cases. Some policies may have exclusions or conditions that can affect how much compensation a victim can get. A lawyer who has experience in truck accident cases will review each policy to find all possible avenues of compensation and make sure the victim is not shortchanged.
Why You Need Specialized Help
Given the complexity of a North Carolina truck accident case, specialized help is necessary to get fair results and navigate the legal process.
Evidence and Expert Analysis
Truck accidents require more expertise because of the type of evidence involved. From black box data and driver logs to maintenance records and expert witnesses, a specialized lawyer knows how to get and analyze the evidence to build a case. Without that expertise, important information may be missed which can weaken the claim and reduce the chance of getting fair compensation.
Regulatory and Liability Complexity
Truck accidents involve multiple parties, strict regulations, and intricate liability issues. An attorney who has experience in truck accident cases knows the federal and state regulations and how to hold all liable parties accountable. That level of knowledge is crucial in finding violations and making sure each liable entity is pursued properly.
Maximizing Compensation
Skilled truck accident attorneys know how to get every possible avenue of compensation. They can calculate not only immediate medical bills and lost wages but also long-term costs like rehabilitation, future care, and diminished earning capacity. With the complexity of these cases, a specialized lawyer can make sure victims get the maximum compensation they are entitled to so they can be financially secure for the long term.
Contact an Experienced Raleigh Truck Accident Lawyer Today!
If you or a loved one has been involved in a truck accident, don’t navigate the complexities alone. Our team at Mogy Law will fight to protect your rights and ensure you receive the compensation you deserve.
Contact us at (901) 443-9133 for a free case consultation!
