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Legal Challenges in Truck Accident Claims Involving Commercial Vehicles

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What Are Some Key Differences Between Car Accidents and Commercial Trucking Accidents?

Motor vehicle accidents between two passenger cars can be dangerous and result in catastrophic injuries for the vehicle occupants. But when trucks are involved, the results are often far more disastrous and sometimes deadly. The sheer size and force of big rigs and other types of commercial trucks can obliterate smaller motor vehicles and pedestrians on the roads. However, an accident with a commercial truck or tractor-trailer can cause more than just additional damage; it can cause further legal complexities not witnessed in most auto accident cases.

Unlike most car accident cases, truck accidents often involve multiple liable parties, larger settlements, more dire stakes, federal rules and regulations, and complex evidence issues.

If you or a loved one have been harmed in a commercial truck accident, it is essential to retain professional legal counsel from experienced truck accident lawyers. Our legal team can help you throughout the claims process in pursuit of justice and financial recovery. Schedule a free consultation with our legal team today.

State and Federal Regulations May Complicate Matters

The Federal Motor Carrier Safety Administration (FMCSA) plays a significant role in regulating the commercial trucking industry in the United States of America. The rules and regulations put forth by the FMCSA work to ensure the safety of motorists who share the roads with commercial truck drivers. The rules and regulations put forth by federal statutes encompass various aspects of commercial trucking, including required vehicle maintenance, hours of service regulations, cargo securement, and truck driver qualifications.

When filing truck accident claims, it is essential to understand how state and federal regulations may impact your personal injury lawsuits. A violation of federal regulations could serve as crucial evidence in proving liability or cause and determining the total compensation owed to truck accident victims. For example, if a truck driver exceeds the maximum hours of service or neglects to perform required inspections, these errors could indicate negligence by the truck driver or their employers. That evidence could play a significant role in strengthening an accident victim’s case. 

There Are Likely to Be Multiple Liable Parties in Commercial Truck Accidents

While car accidents typically involve two drivers and, therefore, an argument of fault between those two motorists, truck accident claims often involve multiple potentially liable parties.

Depending on the circumstances of your case, the following may be held liable in a truck accident lawsuit:

  • Cargo loading companies that irresponsibly loaded or secured cargo could allow shifting of the cargo and potential rollovers
  • Manufacturers of commercial trucks or defective truck parts
  • Negligent truck drivers
  • The government municipality responsible for road maintenance if faulty conditions were responsible for the commercial truck accident
  • The truck’s owner, if a party other than a trucking company or the truck driver owns the truck
  • Truck maintenance personnel who failed to maintain, inspect properly, or repair trucks
  • Trucking companies that have negligent hiring practices, supervision, or training
  • And potentially other third parties involved in the collision

While having additional parties that could be held liable may increase your chances of recovering fair compensation, it can complicate matters and make for a complex legal case.

Insurance Companies and Lawyers for the Defense Will Fight Back

Commercial big rigs are required to carry higher insurance coverage than most passenger vehicles on the roads in Georgia. This is partly due to the potential to cause severe property damage or personal injuries. With more money on the line, insurance providers representing the trucking company or truck drivers are more likely to dispute the claims and fight to minimize financial liability.

It is not uncommon for an insurance company to use tactics such as offering lowball settlements or attempting to claim that the truck accident victim was the party responsible for the crash.

Truck Crashes Often Involve Complex Evidence Issues

Commercial truck accidents often involve more nuanced and complex evidence, including operational records, driver logs, black box data, dashcams, and the need to seek testimonies from accident reconstruction experts.

Commercial truck companies and their insurance company providers have teams of investigators to immediately send to investigate the accident scene, gather evidence such as truck maintenance records and driver logs, and data from electronic logging devices to help their case. You need legal representation to match their aggressiveness and defend your case with valuable evidence to support your claims.

It is More Crucial That You Retain Professional Legal Representation

While every type of motor vehicle accident case would benefit from professional legal counsel, this is especially so when contending with complex truck accident cases. There are more legal complexities and several potentially liable parties, and the more money on the line, the more difficult it will be to fight for it. For these reasons and many others, we must encourage you to retain professional legal counsel to represent your rights in and out of the courtroom.

Our Georgia law firm has extensive experience in complex auto accident cases, and we would be proud to represent your interests as you pursue just compensation from the at-fault parties and their insurance companies. 

Are Large Truck Accidents More Violent and Deadly Than Most Auto Accidents?

A semi-truck is enormous compared to a regular passenger vehicle, sometimes weighing as much as 80,000 pounds when fully loaded. Colliding with a car of this size can cause absolute devastation, totaling vehicles and leaving passengers catastrophically injured or worse.

Large truck accidents are more serious than most other motor vehicle accidents because of the following:

  • Commercial truck drivers have less visibility compared to most other motorists
  • Large trucks have a risk of rolling over or tipping during a collision, causing additional damage
  • Many commercial trucks carry hazardous or toxic materials that can cause additional damage or risk of fires during an accident
  • Tractor-trailers take longer to stop or change positions when moving at high speeds, making collisions more likely to occur
  • Truck drivers work long shifts, and this can result in driver fatigue, drowsy driving, and irritability if they do not take appropriate rest periods

Schedule a Free, No-Obligation Case Consultation with Experienced Truck Accident Attorneys Today

If you have been in a commercial truck accident, seeking the legal services of experienced personal injury attorneys is imperative. Our law firm has years of experience assisting injured clients and their families in pursuing justice and maximum compensation. Be sure to take legal action without delay, as there is a strict statute of limitations, and if you miss the filing deadline, you could be barred from recovering a settlement.

Please contact our Georgia law office to schedule your free initial consultation with our legal team today.

Call us at 855-909-3021.

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