How Are Truck Accident Cases Different From Other Motor Vehicle Cases?

Michael Waks

10 years ago

Contrary to what most people think, not all motor vehicle accident cases are the same. Truck accident cases, for example, are very different than car accident cases. The main difference stems from the fact that trucks, truck drivers and the trucking industry are more highly regulated than other vehicles and drivers. In addition, there are generally more defendants, the injuries are more severe, and evidence gathering is far more extensive in a truck accident case than in a car accident case.

For these reasons, and others, truck accident cases must be handled differently from the start.

Laws Applicable to the Trucking Industry

Each state has laws governing automobiles, but the trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMSCA). FMSCA laws and regulations were designed to increase safety and reduce truck accidents. They set standards for commercial vehicles, and govern all employers, employees, and commercial trucks engaged in interstate commerce. FMSCA laws and regulations are at the center of every truck accident case so having a truck accident attorney who understands them, is imperative to developing a solid truck accident case.

Truck Accident Cases Can Have Multiple Defendants

The defendant in any personal injury case is determined by whose negligence caused the accident. In an auto accident case the defendant is the driver who was at-fault for the accident and, occasionally, his or her employer. In a truck accident case it is common to have multiple defendants. In addition to the driver, the trucking company, employer, and/or contractor are all potential defendants. Establishing a relationship between the truck driver and the others is key. A shipper can also be liable in a truck accident case if the cargo the truck was carrying caused or made injuries worse. Lawyers familiar with truck accident cases will be able to identify all of the possible defendants.

Injuries are Usually More Severe in Truck Accident Cases

Large truck accidents tend to result in catastrophic injuries or wrongful death. This is not surprising given that a typical passenger vehicle weighs approximately 4,000 pounds and a fully loaded large truck weighs more than 80,000 pounds. The sheer mass and size of a large truck make it far more likely that the driver and passengers in the other vehicle will suffer greater injuries in a truck accident.

The Investigation and Evidence Gathering for Truck Accident Cases Must Start Right Away

For the reasons already discussed, the investigation of a truck accident is more extensive and complicated than for a car accident. To try and limit their liability, trucking companies and their insurance carriers deploy large teams quickly to gather evidence.

A truck accident attorney must also act quickly in order to preserve evidence. He will immediately place the trucking company on notice to maintain the black box and log books so evidence is not destroyed.

Many attorneys handle truck accident cases the same way they handle other motor vehicle accident cases. This mistake can cost an injured accident victim thousands of dollars in recovered damages.

Contact an Experienced Long Beach Truck Accident Attorney to Assist with Your Claim

“Your Injuries are Personal to Me”

My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.