How Is a Truck Accident Different from a Car Accident

Any motor vehicle accident can result in severe injuries and property damage. But when a car collides with a semi-truck, the results are often catastrophic. There are several notable differences between a truck accident and a car accident, including the cause(s) of the crash, the severity of a person’s injuries, and the legal processes for obtaining compensation. Understanding how a truck accident is different from a car accident can help you better understand what to do and how to recover the compensation you deserve if you were hurt in one.

Differences Between a Truck Accident and a Car Accident

Truck accidents are significantly different from car accidents. While the difference in the size of the vehicles is the most obvious, other factors, like the severity of injuries, rules and regulations that apply, and available insurance coverage all play a role and can complicate your financial recovery.

Physical Size

The most obvious difference between an accident involving passenger cars and one involving a semi-truck or 18-wheeler is the sheer size of the other vehicle. The average passenger vehicle weighs approximately 3,000 pounds. Meanwhile, a fully loaded semi-truck can weigh up to 80,000 pounds.

The forces generated by an 80,000 vehicle traveling at speeds of 35 mph, 55 mph, or more are considerable, and semi-truck collisions often result in catastrophic injuries or death.

Severity of Injuries

Because of the size difference, truck accidents are more likely to result in catastrophic injuries or death. While truck accidents happen less frequently than accidents involving passenger vehicles, the consequences are often severe.

Common injuries in truck accidents include:

• Injuries to the head, neck, and back
• Traumatic brain injuries
• Damage to internal organs
• Burns
• Paralysis
• Loss of limbs
• Disfigurement
• Loss of life

Because truck accident injuries are often severe, you must act quickly to protect your rights.

Liability

Determining liability for a truck accident can be more complicated than a collision involving two passenger vehicles. A typical car accident involves two drivers who usually own the vehicles involved. But, in a trucking accident, the driver is not always the owner of the vehicle. Depending on the circumstances, various people could be liable for the crash, including:

• The truck driver, who could be a company employee, an owner-operator, or working under a contract through a third party.
• The driver’s employer, who might own the truck or be leasing it from a third party.
• The cargo crew, which may include shippers, brokers, loaders, and more, any of whom could be liable if the cargo was loaded improperly.
• Safety companies, such as maintenance and service providers, repair crews, or safety compliance officers.

The companies involved may have contracts that dictate who is liable in the event of an accident. Other times, the driver is an independent contractor who is supervised by the trucking company.

In addition, most semi-trucks are equipped with an Event Data Recorder (EDR) and an Electronic Logging Device (ELD). These “black boxes” record information about the vehicle and driver in the days, hours, and seconds leading up to the crash. These devices can contain crucial evidence that can be used to reconstruct the accident and determine its cause. However, federal regulations dictate how long trucking companies must retain this information. If you do not act quickly, crucial evidence could be destroyed as part of the trucking company’s records retention policy.

Laws and Regulations

Because of their size and weight and the cargo they may carry, truck drivers and others in the trucking industry are subject to additional rules and regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets rules and regulations that truck drivers and others in the trucking industry must follow. These include:

• Hours of service rules that are intended to reduce driver fatigue
• Rules for securing and inspecting cargo
• Vehicle maintenance regulations

Causes of the Accident

While car accidents and truck accidents can both be caused by driver error, additional factors may be at play in causing a truck accident. These may include:

• Driver fatigue due to long hours on the road
• Improper cargo loading
• Improper maintenance
• Inadequate driver training

Insurance Considerations

Commercial trucking companies usually carry larger insurance policies than passenger vehicles. While this insurance coverage can provide additional compensation to injury victims, understanding and recovering compensation under a commercial trucking insurance policy can be challenging. In addition, because of the high risk of exposure, truck accidents are often vigorously contested and the case is more likely to end up in court.

Do You Need an Attorney After a Truck Accident?

Hiring an attorney for your truck accident injury claim will improve your likelihood of success. An experienced personal injury attorney can provide essential legal advice and guidance and ensure you recover maximum financial compensation for your losses.

Contact Iannelli Law Today

John C. Iannelli is an experienced New Jersey truck accident injury lawyer. With over 30 years of experience representing people injured in catastrophic truck accidents, he knows what it takes to hold trucking companies responsible for the harm they caused. To put his experience to work for you, contact Iannelli Law today to schedule an appointment to discuss your situation and how he can help.