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What Are the Unique Challenges in Truck Accident Litigation?

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Truck accidents are often catastrophic, resulting in severe injuries and significant property damage. When such accidents occur, victims may pursue legal action to seek compensation for their losses. However, truck accident litigation presents unique challenges compared to other motor vehicle accident cases. There are complex regulations, multiple parties involved, and even the need for specialized expertise.

The truck accident lawyers at Munley Law understand the different twists and turns of truck accident claims. We have over six decades of experience with the trucking industry and trucking regulations. We have won millions for our clients. 

We offer a free consultation with a compassionate truck accident lawyer who will listen to your story and give you a reasonable assessment of your case. Call today the process started. 

How is a Truck Accident Different Than a Car Accident?

Trucking accidents are fundamentally different from car accidents in several ways. The differences contribute to the unique nature of truck accidents and add to the challenges in a truck accident claim.

Weight Differences

The sheer size and weight of trucks are significantly larger than regular passenger vehicles. A fully loaded tractor-trailer can weigh up to 80,000 pounds, while an average motor vehicle weighs around 3,000 pounds. The drastic difference in weight increases the potential for catastrophic damage and severe injuries for the passengers in the car.

Federal Motor Carrier Safety Administration Regulations

Trucking companies and truck drivers are subject to federal and state regulations. Regular cars are not subject to these same regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets the following guidelines for trucking companies:

  • Driver qualifications
  • Hours of service
  • Vehicle maintenance
  • Cargo securement

While these regulations are meant to ensure the safety of the truck drivers and the occupants of the car, many truck companies ask their drivers to ignore them to speed up delivery times. Ignoring these safety protocols can lead to a disastrous truck accident.

Negligent parties

The number of people and vehicles involved in a truck accident is often greater than a car accident. In car accidents, there are typically two drivers involved. A truck accident may involve the truck driver, the trucking company, the owner of the trailer, the vehicle manufacturer, the shipper or loader of the cargo, and even government entities responsible for road maintenance. Determining the liability of each party requires a thorough investigation and expertise in truck accident cases. 

Evidence needed

The evidence collection process in truck accidents is more complex than in car accidents. Trucks are equipped with various data recording devices, such as electronic logging devices (ELDs) and event data recorders (EDRs). More commonly known as the “black box,” these recording devices capture critical information about the vehicle’s speed, braking, and other important factors. This data, along with other evidence like driver logs, maintenance records, and witness statements, is essential for a successful truck accident case. 

truck accident in scranton, PA

Serious Injuries Create Complex Cases

Injuries resulting from a truck accident introduce a number of complexities into the claim process. Most injuries truck accident victims will sustain have long-lasting physical, emotional, and financial consequences. 

The most common injuries a truck accident victim will suffer are:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries (including paralysis)
  • Amputation
  • Burns
  • Broken bones/fractures
  • Internal injuries (organ damage and internal bleeding)
  • Soft tissue injuries
  • Lacerations
  • Seatbelt injuries
  • Wrongful death

The recovery process and necessary medical treatment for these types of injuries require extensive resources and specialized care. Injury victims may need immediate and ongoing medical attention including hospitalization, surgeries, rehabilitation, and different therapies.

These catastrophic injuries result in significant financial burdens for the victim and their families. High medical expenses, loss of income, and potential long-term disability can create complex calculations when seeking compensation. 

Negotiations With the Insurance Company

Dealing with insurance companies in truck accident litigation can be particularly challenging. Trucking companies typically carry substantial insurance coverage, and their insurers employ skilled adjusters and attorneys to minimize liability. 

An insurance adjuster is an employee of the insurance company. They investigate the personal and property damage after a truck accident and make estimates for the victim’s compensation. These insurance companies often employ aggressive tactics, attempting to shift blame onto the victim or undervalue their claim. 

To combat these challenges, you will need a truck accident lawyer with extensive experience in negotiating with insurance companies and securing need legal representation well-versed in negotiating with insurance companies and securing fair compensation. The truck accident lawyers at Regan Zambri Long can do that for you. Call today for your free consultation. 

Understanding the Most Common Causes of Truck Accidents

Truck accidents can have devastating consequences, and understanding their most common causes is crucial for prevention and legal representation. While every truck accident is unique, several factors frequently contribute to truck accidents:

  1. Driver Fatigue: Truck drivers often face demanding schedules and long hours on the road. Fatigue can impair judgment, slow reaction times, and increase the likelihood of errors or accidents. The Sleep Foundation reports that 91,000 crashes in 2017 were the result of drowsy driving. One-third of truck drivers have admitted to falling asleep behind the wheel. 
  2. Distracted Driving: Distractions such as texting, putting on makeup, eating, and even talking to another passenger pose a significant risk on the road. Truck drivers may become distracted while behind the wheel, losing focus on the road and increasing the chances of an accident.
  3. Speeding: Truck drivers, like other motorists, may exceed posted speed limits. However, due to their size and weight, trucks require longer stopping distances. Speeding reduces the driver’s ability to react to unexpected situations, making it harder to control the vehicle and avoid accidents. Speeding can also increase the chances of the truck driver losing control of the vehicle.
  4. Improper Loading or Cargo Securement: Properly loading and securing cargo is crucial for truck stability and safe transport. If cargo is loaded unevenly or is not secured properly, it can shift during transit. This causes the truck to become unstable, potentially leading to rollover accidents or cargo spills.
  5. Inadequate Vehicle Maintenance: Regular maintenance and inspections are essential for keeping trucks in safe operating condition. Faulty brakes, worn-out tires, or malfunctioning safety systems can significantly increase the risk of accidents. Negligence in maintaining and repairing commercial trucks can lead to catastrophic failures on the road.
  6. Driving under the Influence: Driving under the influence of alcohol or drugs is dangerous for any driver. Intoxication of any kind impairs judgment, coordination, and reaction times. 
  7. Poor Weather Conditions: Adverse weather conditions such as rain, snow, or fog, can create hazardous driving conditions. Reduced visibility and slippery roads increase the likelihood of truck accidents, particularly if drivers fail to adjust their speed.
  8. Aggressive driving: Tailgating reduces the driver’s ability to react in time to sudden stops or changes in traffic. Large trucks have substantial blind spots. If a truck constantly makes unsafe lane changes, especially without proper signaling, it can lead to collisions with other vehicles.

If any of the above behaviors contributed to your accident, you have the right to open a truck accident case. Engaging in these behaviors is negligence. At Regan Zambri Long, we firmly believe you should not pay for someone else’s irresponsibility. Call today for a free case evaluation so an experienced lawyer can get started on your case and hold the negligent party accountable. 

Contact Our Truck Accident Lawyers Today to Schedule a Free Consultation

At Munley Law, we have one mission: to protect our clients’ rights and bring them a sense of justice. Everything we do during your case the stems from that goal. 

Understand your legal rights

As personal injury lawyers with decades of experience in truck accident litigation, we have a deep understanding of the victim’s rights in truck accident cases. However, we want you to understand your rights, as well. After all, knowledge is power. We will walk you through the complex legal process, ensuring you understand your rights and every potential avenue for seeking compensation.

Building a strong case

At Munley Law, you can focus on your recovery while we do the heavy lifting building your case. Our lawyers will conduct a thorough investigation to gather crucial evidence such as accident reports, witness statements, and any available video footage. We will work with accident reconstruction experts, medical professionals, and other specialists to establish liability and the full extent of your damages. By building a strong case supported by solid evidence, your attorney can advocate effectively for your rights and maximize your chances of securing fair compensation.

It is important to note that each truck accident lawyer works on a contingency basis. This means that we will not collect attorney fees until we secure a settlement or verdict in your favor. Every professional, specialist, and expert we work with to build a strong case will be on our dime. If we are not satisfied with the settlement offer, we will take your case to court. 

Your peace of mind

Dealing with the aftermath of a truck accident can be overwhelming – physically, emotionally, and financially. By seeking the guidance of a truck accident lawyer, you can alleviate some of the burdens and stress. We will handle the legal aspects of your case so you can focus on getting your life back. 

If you were involved in a truck accident, we’re here to help. Contact the truck accident attorneys at Munley Law today to schedule a free consultation.

Do I Have A Case?

If you think you may have a personal injury case, contact us now for a FREE consultation.

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