Unique Issues in Truck Accident Cases
Truck accidents are typically more challenging and complex than car accidents between passenger vehicles, for a number of reasons. For example, commercial vehicles are highly regulated, and these regulations can play an important role in establishing important questions of liability and fault. The chance that multiple parties may bear responsibility for the crash is also greater in a collision involving a tractor-trailer.
Below we explain how these issues and more raise the stakes when it comes to pursuing a personal injury claim against a trucking company and its insurance carrier. If you’ve been injured in a commercial truck accident in Texas, contact McLemore, Reddell, & Story, P.L.L.C. to speak with a skilled and experienced Houston motor vehicle accident lawyer.
1. Federal and State Regulations
Unlike standard passenger vehicles, trucks and truck drivers are subject to a variety of federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets strict guidelines that govern hours of service, maintenance schedules, and driver qualifications. Texas also has its own regulations for commercial vehicles.
When a truck accident occurs, one of the critical steps is determining whether any of these regulations were violated. For instance, if the truck driver exceeded the legal driving hours without adequate rest, this could contribute to the accident. Additionally, improper maintenance of the truck, such as failure to check brakes or tires, could be a regulatory violation that bolsters your claim.
2. Multiple Parties May Be Liable
In a typical car accident, liability usually falls on one or more drivers involved. In a truck accident, however, liability can extend to multiple parties, making the case far more complicated. Potentially liable parties may include:
- Truck Driver: Negligence, such as drowsy, distracted or impaired driving, may be the primary cause of the accident.
- Trucking Company: If the company failed to properly train the driver or pushed the driver to exceed legal limits on driving hours, they could share responsibility.
- Cargo Loaders and Freight Shippers: Improperly loaded cargo can shift during transit, causing the truck to become unstable and lead to an accident.
- Maintenance Providers: If a third party was responsible for maintaining the truck and failed to do so properly, they could be held liable.
Each of these parties may attempt to deflect blame onto the others, which complicates the investigation and requires a thorough legal strategy to identify all responsible parties.
3. Severe Injuries and Long-Term Consequences
Truck accidents often result in more severe injuries than car accidents due to the size and weight of big rigs and other commercial trucks. Victims may suffer catastrophic injuries such as traumatic brain injuries, spinal cord injuries, or loss of limb. The recovery process can be lengthy and costly, requiring ongoing medical treatment, physical therapy, and potentially lifelong care.
In cases involving such serious injuries, it is essential to account for future medical expenses, loss of earning capacity, and long-term rehabilitation in the compensation sought. An experienced truck accident attorney will work with medical experts and life-care planners to ensure all damages are accurately calculated.
4. Insurance Policies and Coverage Limits
Trucking companies often carry substantial insurance policies, but that doesn’t mean securing a fair settlement will be easy. Insurance companies may aggressively defend these claims, knowing the potential payouts can be significant. Additionally, multiple insurance policies may come into play, depending on the parties involved and the component of the semi that was involved.
Dealing with these insurance policies requires a skilled legal team who can negotiate on your behalf. It is critical to ensure that all avenues of compensation are explored, especially when dealing with large commercial policies.
5. Electronic Logging Devices (ELDs) and Other Technology
One of the advantages in truck accident cases is the availability of electronic data that can help establish liability. Trucks are often equipped with Electronic Logging Devices (ELDs) that record data about the driver’s hours and vehicle performance. Other technology, such as onboard cameras and GPS systems, can provide crucial evidence about how the accident occurred.
However, this data is often controlled by the trucking company, and they may not willingly turn it over. Having an attorney who knows how to obtain and analyze this data is essential for building a strong case.
6. Dealing with Large Corporations
Trucking companies are typically large corporations with significant resources at their disposal. They often have legal teams and insurance adjusters who will attempt to minimize or deny your claim. Without experienced legal representation, you may find yourself overwhelmed by these corporate entities, making it difficult to recover the compensation you deserve.
At McLemore, Reddell, & Story, P.L.L.C., we have experience taking on large trucking companies and their insurers. We understand their tactics and are prepared to fight for the maximum compensation for our clients.
Contact McLemore, Reddell, & Story, P.L.L.C. After a Truck Accident in Houston and Throughout Texas
If you or a loved one has been injured in a truck accident in Texas, McLemore, Reddell, & Story, P.L.L.C. is here to help you navigate these challenges and fight for the compensation you deserve. For a free consultation or immediate assistance, contact our Houston office today at 713-303-8543.
