Why Truck Accident Claims Can Be More Complicated
A collision involving two passenger vehicles can be stressful, confusing, and overwhelming. But when a commercial truck is involved, the legal process can become even more complicated.
Truck accidents often involve more severe injuries, multiple potentially responsible parties and commercial insurance policies in play, federal and state regulations, and extensive evidence that may not be present in other car accident claims.
This doesn’t mean every truck accident claim will be complicated, but there are important differences that injury victims should understand.
If you’ve been injured in a collision involving a commercial truck, working with an experienced truck accident lawyer in Hamilton Ohio can help you understand the factors that may affect your claim and ensure important evidence is properly investigated.
Truck Accidents Often Involve More Serious Injuries
One of the most significant differences between truck and car accidents is the size and weight of commercial trucks.
A fully loaded tractor-trailer can weigh many times more than a typical passenger vehicle. When a truck collides with a smaller vehicle, the occupants of the passenger vehicle may suffer catastrophic injuries.
Common injuries following serious truck crashes can include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal injuries
- Severe burns
- Amputations
- Paralysis
- Permanent disabilities
- Death
Some truck accident victims require extensive medical treatment and rehabilitation. Others may be unable to return to work or may need long-term care.
As a result, the damages considered in a truck accident claim may be greater than that of a minor car accident. Properly calculating both current and future losses can therefore be critical.
Truck Accident Claims May Involve Multiple Responsible Parties
A typical car accident may involve two drivers and their respective insurance companies. Truck accidents can involve a much larger group of potentially responsible parties.
Depending on the circumstances, a claim could involve:
- The truck driver
- The trucking company
- The owner of the truck
- A company that leased the truck
- A maintenance provider
- A cargo-loading company
- A manufacturer of defective truck parts
- Another driver
- Other potentially responsible parties
For example, if a truck driver caused a collision because of negligent driving, the driver may be responsible. But if the trucking company’s negligent hiring, supervision, scheduling, or other conduct contributed to the crash, the company may also have legal responsibility. Any and all of those parties may have several layers of commercial insurance covering them.
Determining who is liable requires a careful investigation of the facts.
A truck accident lawyer in Hamilton Ohio can help identify all potentially responsible parties rather than focusing only on the driver.
Trucking Companies Must Follow Additional Safety Regulations
Commercial trucking is subject to numerous federal and state safety requirements.
Depending on the type of truck, driver, and operation involved, regulations may address areas such as:
- Driver qualifications
- Hours of service
- Required rest periods
- Vehicle inspections
- Maintenance
- Cargo securement
- Drug and alcohol testing
- Recordkeeping
These rules are designed to promote safety and reduce the risk of crashes.
If a trucking company or driver violated an applicable safety regulation, that information may be relevant when investigating the cause of an accident.
For example, a driver who operates a truck while excessively fatigued may have slower reaction times and impaired judgment. Similarly, inadequate vehicle maintenance could contribute to brake or tire failure.
However, a regulatory violation does not automatically establish liability. The specific facts and evidence must be evaluated to determine whether the violation contributed to the accident.
Truck Accident Cases Often Provide More Evidence
Collisions involving passenger vehicles can provide plenty of evidence, but commercial vehicles like semi tractors can provide more evidence both electronic and other records given the nature of the more highly regulated trucking industry.
Potential evidence may include:
- Electronic logging device records
- Driver logs
- GPS information
- Dashcam footage
- Truck maintenance records
- Inspection reports
- Driver qualification records
- Dispatch communications
- Cargo-loading documentation
- Black-box or electronic vehicle data
- Surveillance footage
- Cell phone records
The truck itself may also contain important physical evidence.
Preserving this information can be especially important because certain electronic records may not be retained indefinitely.
An attorney can take steps to identify potentially relevant evidence and request that it be preserved.
Commercial Insurance Policies Can Make Claims More Complex
Truck drivers and trucking companies may have insurance policies that differ substantially from those covering ordinary passenger vehicles.
Commercial trucking policies can involve larger coverage limits and multiple insurers at various levels of liability insurance. Depending on the circumstances, there may also be separate policies connected to the truck, trailer, cargo, or business operating the vehicle.
This can create additional questions such as the following:
- Which insurance company is responsible
- Which policy applies
- How much coverage is available
- Whether multiple policies may provide coverage
- Whether the insurer is disputing liability
Insurance companies handling commercial truck claims have significant financial interests in limiting their exposure.
Having an attorney handle communications can help protect an injured person’s interests while the claim is being investigated.
Trucking Companies and Insurers May Investigate Quickly
After a serious truck accident, the trucking company and its insurance representatives may begin investigating almost immediately.
They may send investigators to:
- Photograph the accident scene
- Inspect the vehicles
- Interview witnesses
- Review driver records
- Examine electronic data
- Speak with the truck driver
This early investigation can potentially provide the trucking company’s legal team with valuable evidence.
For an injured person, this makes it important to consider taking steps to preserve evidence as soon as possible.
A truck accident lawyer in Hamilton Ohio can begin an independent investigation and work to obtain relevant records before they are lost or become more difficult to access.
Determining Fault May Be More Complicated
In a straightforward rear-end collision, fault may sometimes appear relatively obvious. Truck accidents can be different.
A crash might involve several contributing factors, including:
- Driver fatigue
- Distracted driving
- Speeding
- Improper lane changes
- Following too closely
- Improperly loaded cargo
- Mechanical failure
- Poor vehicle maintenance
- Unsafe road conditions
- Another driver’s negligence
Multiple factors may contribute to a single collision.
Ohio’s comparative negligence rules can also become important when multiple parties share responsibility. Determining how much fault belongs to each party can affect the amount of compensation an injured person may recover.
Truck Accident Injuries Can Create Greater Long-Term Losses
Because truck crashes can cause severe injuries, the damages involved may extend well beyond immediate medical expenses.
An injured person may experience:
- Months or years of medical treatment
- Rehabilitation expenses
- Lost wages
- Reduced earning capacity
- Permanent disability
- Future medical expenses
- Pain and suffering
- Emotional distress
- Changes to daily activities
When calculating these losses, we look beyond what has already happened.
For someone with a permanent injury, an attorney may need to consider how the injury will affect the person’s future employment, medical needs, finances, and quality of life.
Why You Should Be Careful With Early Settlement Offers
After a truck accident, an insurance company may contact you relatively quickly.
You may be asked to provide a recorded statement or offered a settlement before you know the full extent of your injuries.
While settling a claim may ultimately be the right decision, accepting an offer too early can create problems if your medical condition changes or you later discover that you have significant future expenses.
Before accepting a settlement, it’s important to understand the full scope of your damages and whether all potentially responsible parties and available insurance coverage have been identified.
How a Truck Accident Lawyer Can Help
Because of these added complexities, truck accident victims may benefit from having an attorney involved early in the process.
A truck accident lawyer in Hamilton Ohio can help:
- Investigate the cause of the crash
- Identify all potentially responsible parties
- Obtain trucking company records
- Preserve electronic evidence
- Review applicable safety regulations
- Work with accident reconstruction professionals when appropriate
- Evaluate insurance coverage
- Calculate current and future damages
- Negotiate with insurance companies
- Prepare the case for litigation, if necessary
The goal is to build a complete picture of what happened rather than relying solely on the initial accident report.
What Should You Do After a Truck Accident in Ohio?
If you’ve been involved in a truck accident, your first priority should be your health and safety.
When possible, consider taking these steps:
- Call 911 and report the accident.
- Seek medical attention, even if your injuries don’t initially seem severe.
- Take photographs of the vehicles, roadway, injuries, and surrounding conditions when it is safe to do so.
- Collect witness information if possible.
- Keep medical records and receipts related to the accident.
- Avoid speculating about fault when speaking with insurance companies or other parties.
- Contact an attorney before accepting a settlement if you have significant injuries or questions about liability.
Prompt action can help preserve evidence and protect your legal rights.
Truck Accident Claims Require a Closer Look
Truck accident claims and car accident claims may seem similar on the surface, but important differences can make truck cases considerably more complex. Serious injuries, commercial insurance policies, multiple potentially liable parties, trucking regulations, and extensive evidence can all affect how a claim is investigated and resolved.
If you’ve been injured in a truck accident in Ohio, you don’t have to determine liability or navigate the insurance process on your own.
An experienced truck accident lawyer in Hamilton Ohio can investigate the circumstances of your crash, identify potentially responsible parties, preserve important evidence, and help you pursue the compensation you may be entitled to under Ohio law.
The Richards Firm is committed to helping truck accident victims and their families understand their rights and take the next step toward recovery.
If you or a loved one has been injured in a truck accident, contact The Richards Firm to discuss your situation and learn about your legal options. We can be reached at 513-461-0084.
