Despite what you may have heard or read, all motor vehicle accidents are not treated equally by the law. A truck accident is defined as vehicle crashes involving 18-wheelers, tractor trailers, semi-trucks and other commercial motor vehicles that cause personal injury and/or property damage.
It was reported by the Federal Motor Carrier Safety Administration, “accidents that involved large commercial trucks accounted for 287,000 property damage claims, 77,000 injuries and 4,321 deaths over the course of a single year.” Comparably, medium to large trucks are responsible for a very small segment of the accidents that take place on highways; but their large size causes more serious damage and the accidents are more likely to be catastrophic. Motor vehicles that collide with large trucks see much more damage to their vehicle. Another big difference is in terms of settlements after an accident. The amount of effort and costs associated with investigating and pursuing the remedies in a trucking accident are more complex and more expensive.
THE TRUCK ACCIDENT SETTLEMENT PROCESS
The extent of the injuries of the victim or victims depends on the largess of the truck and if it is fully loaded. A fully loaded semi-truck usually weighs more than 80,000 pounds. Considering the average car weighs approximately 3,000 pounds, it’s not hard to imagine how a collision between the two will turn out. More likely than not an accident involving a regular sized car, which collides with large commercial truck will produce serious injuries. That is the reason that truckers must legally carry insurance with bigger than normal liability limits. This results in more money available for the injured party.
For the average car accident, the cause is usually human error, like a driver changing lanes without signaling or not stopping at a red light. With a trucking accident, most of the responsibility for an accident falls on the driver, which may also implicate the trucking company — making them liable for the accident.
It is also true that equipment failure plays a crucial role in causing trucking accidents, and equipment failure does not automatically free the driver from liability. It is the truck driver’s responsibility to perform pre-trip inspections to be certain that all equipment is good to go functioning properly. If a piece of equipment fails, and it was not inspected by the driver before departure, the driver could be held responsible.
Plus, any equipment failure may incriminate the trucking company, if the company was negligent in ensuring the truck was properly maintained. For this to happen, it is essential that a victim of the trucking accident take as many pictures of the accident as possible. This is doubly important when trying to prove equipment failure or driver error.
TRUCK ACCIDENT COMPENSATION FOR DAMAGES
When you have been injured and/or incurred property damage from a trucking accident and you were not at fault, you will be compensated so you do not incur any loses financially and physically.
Like car accidents, you can sue…and if you are not at fault, you have the right to be compensated for most medical care, including nursing home costs, rehabilitation, plus loss of earnings, domestic services, and loss of earning capacity.
You are also entitled to damages involving pain and suffering, emotional suffering, disfigurement, loss of employment life, and diminishment of spousal relation.
CONTACT A PERSONAL INJURY ATTORNEY, CONTACT KJT LAW GROUP.
Working with a professional who understands the complexities associated with a trucking accident will improve the chances of you receiving your rightful compensation. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.