If you were in an accident with a big truck, you may assume that pursuing compensation for your injuries would be similar to what you’d do after a car accident. After all, both involve vehicles and injuries, so it might make sense that you would follow the same steps in either case. Trucking accidents, however, come with a unique set of complexities that can make the claims process much more challenging.
Our Virginia Beach truck accident attorneys understand these differences and are in the ideal position to help you put together a convincing claim that will result in you receiving the compensation you deserve. We charge you nothing unless we reach a settlement or jury verdict in your favor, so don’t hesitate to contact us today.
5 Ways Trucking Accidents Differ from Car Accidents
Below are the key differences between truck and car accidents when it comes to pursuing a claim.
1. Injury Severity and Compensation Amounts
Injuries from trucking accidents are often more severe than they are in car accidents. Trucks are significantly larger and heavier than cars, pickups, or SUVs, which means they can inflict more damage during a collision. The greater mass of the truck results in higher momentum, leading to more forceful impacts.
Trucks also carry heavy or hazardous cargo, which can complicate accidents and lead to additional injuries if that cargo hits other vehicles or causes additional crashes.
More severe injuries require higher compensation amounts that can be harder to negotiate with insurance companies. A truck accident may also involve multiple vehicles, further complicating the process, as trucking companies and insurers must handle numerous claims simultaneously. That’s why it’s helpful to have a knowledgeable and experienced truck accident lawyer on your side.
2. Trucking Regulations
Trucking companies operate under a strict set of federal and state regulations that do not apply to regular cars, pickups, and SUVs. That can make investigating a truck accident more complex than a car accident.
The Federal Motor Carrier Safety Administration (FMCSA), for example, enforces rules for commercial drivers regarding driving hours, vehicle maintenance, and safety standards that don’t apply to non-commercial drivers. The administration also has regulations in place for securing cargo.
If you’re pursuing a claim, your truck accident lawyer may find evidence that the driver or the company he or she was working for violated these regulations, which can be critical to getting the compensation you deserve.
3. The Parties Involved
In a car accident, it’s usually just you and the other driver who are involved. Trucking accidents, however, typically involve a larger number of parties. These may include:
- The truck driver
- The company the driver was working for
- The owner of the truck (if different from the trucker or trucking company)
- The shipping company (or cargo-loading company)
- The vehicle maintenance provider (if different from the trucking company)
- The truck’s manufacturer (if a defective part on the truck caused or led to the accident)
It’s not only the number of parties that can complicate the case—it’s also the fact that some may be large corporations with multiple affiliates that can make it difficult to identify the liable party. Your truck accident attorney is accustomed to dealing with these things and can easily manage them on your behalf.
4. Insurance Coverage
Truck drivers typically have a higher liability coverage than regular car drivers because it’s well-known that trucks can cause more damage. That means you should be able to pursue a larger amount of compensation, but the insurance company might fight harder to deny or minimize claims.
Insurance can be more complex with trucking companies, as well. They often have multiple policies covering different aspects of their operations. Their primary insurance may cover damages and injuries caused by the truck while in operation, while their cargo insurance would protect against losses and damages related to the cargo being transported.
Many times, both the driver and the trucking company can be held liable for an accident, but that means navigating claims with at least two different insurance companies, which can complicate negotiations.
5. Timeline and Process
The time it takes to resolve a trucking accident claim may also differ from a car accident claim—mainly because of the complexity involved. Whereas a car accident claim may be over in a few months, trucking accident claims can take a year or more.
If your case goes to trial, the trucking company and their insurers may be aggressive in their tactics to save money. They may have substantial resources and legal teams focused solely on minimizing liability.
An experienced trucking accident lawyer will know how to counter these tactics, creating a compelling case on your behalf.
How a Virginia Beach Trucking Accident Lawyer Can Help
Dealing with a truck accident can be overwhelming. Our Virginia Beach truck accident attorneys not only act as your advocates, but also provide crucial support throughout the process. We help explain your options, answer your questions, and keep you informed every step of the way.
If you’ve been injured in a trucking accident, contact us today. We’ll conduct a thorough investigation, gather the evidence you need, and fight for your rights, as we did for the family of a man who died in a collision with a flatbed truck. In that case, we were able to secure a settlement of $3.5 million.
Find our offices in Virginia Beach, Hampton, Norfolk, Portsmouth, and Chesapeake.