Insurance Coverage Disputes

The Basics of Trucking Accidents Everyone Should Know

Trucking accidents are possibly the most frightening thing that can happen to someone while they are traveling America’s highways. After you get hit by a commercial truck, big rig, tractor trailer, or 18-wheeler, you are likely to be understandably upset and confused about what to do next. How can you seek compensation? Who should give you compensation? Do you even deserve compensation?

There will be many questions about the trucking accident buzzing around and you might have trouble sorting them out. It is important to try to keep calm and remember that you have the right to pursue compensation, even if you do not quite know where to begin. Trucking accident claims themselves can be intimidating for people not well-versed in liability laws for their state. However, you can dispel some of the unknowns now by reviewing this list of trucking accident information everyone should know.

Consider these four things about trucking accidents before beginning your claim:

  • Injuries are likely to be severe: The immense size and weight of commercial trucks makes them incredibly dangerous on the road compared to smaller vehicles, and also makes them all the more likely to cause catastrophic injuries in a crash. Big rigs are often pushing their total weight limit of 80,000 pounds but still travel at highway speeds. Basic physics reveals that heavier objects create more force upon impact than lighter objects, and so it is the same for vehicles. Pedestrian vehicles slammed by commercial trucks will be violently rocked and crushed, which can result in the driver or passengers suffering head injuries, neck injuries, back injuries, or even a wrongful death. Any compensation you seek in your claim needs to include the totality of damages you experience, including both now and in the future.
  • Liability can be difficult to pinpoint: One of the greatest challenges people face when they try to file a trucking accident claim is figuring out who is actually liable for the damages. You will probably want to just throw your claim at the truck driver, but doing so might not be beneficial in the long run. The truth of the situation is there are probably other parties other than the trucker themselves that have some liability for what happened. Trucking companies can be liable if they make their truck drivers stay on the road until they are beyond fatigued, for example. Even mechanic crews could become liable if they fail to perform appropriate repairs and maintenance as expected. Talk to your trucking accident attorney about possibly sources of liability before you get ahead of yourself.
  • Federal regulations for trucks: The Federal Motor Carrier Safety Administration (FMCSA) has set up many rules and regulations about how commercial trucks can be operated and what trucking companies must do to ensure those regulations are met. Trucking accidents are unique in that proof of an FMCSA violation, which will trigger a fine against the trucking company or trucker, can be used as proof of liability in any resulting personal injury claims. This means you must pay extra attention to the evidence at hand in your case as to not overlook something crucial.
  • Trucking companies defend themselves: The last thing everyone should know about trucking accidents is the fact that trucking companies are nearly guaranteed to defend themselves from your claim. When you want to pursue compensation from an individual, as you might in various other types of personal injury claims, it is not unusual for the defending party to consider a settlement. Going through legal channels and possibly even litigation is not something most people will want to do. Trucking companies are different in that they often have teams of defense attorneys on retainer. The moment they catch wind of a lawsuit coming their way, they get ready to challenge it, even if they know they are responsible for the crash and the resulting damages.

Ventura Truck Accident Lawyers You Can Depend On

Knowing what you know now about a typical truck accident and related claims, you can probably tell they can easily become more complex than initially expected. Filing your claim needs to be done correctly, including naming the right liable parties and asking for the right amount of damages. To make certain nothing goes wrong, you should place your case in the capable hands of Haffner Law Group and our Ventura personal injury attorneys. We have more than 50 years of total legal experience focused on managing complicated and high-stakes plaintiff cases.

Discuss the details of your truck accident case with our team during an initial consultation to start.