How is an 18 Wheeler Accident Case Different from a Car Accident Case?
A semi truck involved in any motor vehicle accident, whether pulling a trailer or another type of truck, increases the risk of any injury claim. Anyone involved in an accident like this needs to understand that an 18 wheeler truck accident claim can be immediately complicated by a number of factors.
It goes without saying that many trucking companies and their insurance companies have extensive experience handling injury claims in crashes involving drivers. In many cases, insurers actively pressure victims to accept lump sum payments that are far less than they are actually entitled to.
If you have suffered a catastrophic injury in the greater San Antonio area or your loved one has been killed in a commercial truck accident, you should seek legal representation as soon as possible.
Commercial truck accident claims are far more complex than ordinary car accident claims, and an experienced personal injury attorney will go a long way in helping you navigate the complex legal process.
Call KRW Lawyers today for an honest and thorough assessment of your case, or contact us online for a free consultation.
Here’s how we can compensate you:
- collect evidence
- We deal with insurance companies
- Submit any and all forms/notices
- actively negotiate
- Apply our many years of experience everywhere
Commercial drivers have different standards
The Federal Motor Carrier Safety Administration (FMCSA) states that commercial driver’s license (CDL) holders, such as truck drivers, must adhere to higher standards when operating any type of motor vehicle on public roads.
Commercial truck drivers must obtain a CDL through their state and may require special approval to operate trucks with double or triple trailers, trucks with fuel tanks, or trucks carrying hazardous materials.
The FMCSA has higher standards for state testing and licensing of these drivers. Additionally, drivers of 18-wheelers must adhere to strict rules regarding:
- Service hours (determines how long they can drive at a time)
- Drug and alcohol testing (lower blood alcohol limit included for DWI fee)
- Cell phone use (including restrictions on use of any handheld device)
After a truck accident, your attorney needs to work quickly to preserve evidence from the trucking company and determine if any rules or laws were violated. This is a critical step in proving negligence in your truck accident case.
If you have been injured in a truck accident and are ready to talk about your legal rights, contact us today to arrange a free consultation.
Truck crash leads to more serious injuries
The sheer size of commercial trucks (which can weigh up to 80,000 lbs) often means that injuries to others involved are far worse. Drivers and other occupants of passenger vehicles involved in collisions with 18-wheel vehicles routinely suffer serious and potentially life-changing injuries, including:
- neck injury
- back injury
- seat belt injury
- fracture
- rib and torso injuries
- head injury
- traumatic brain injury
- paralysis
- Spinal cord injury
- Visceral damage
- burn
- laceration
Commercial trucks also greatly increase the likelihood of fatal collisions. When a person is killed in a commercial truck accident, the family of the deceased has the option of filing a wrongful-death lawsuit against the negligent truck driver and the company that hired the driver.
18-wheeler crash causes more damage
Because truck accidents can result in serious injury and significant property damage, victims often must seek much higher damages than they would otherwise.
Most truck accident cases are resolved through settlements, and a fair offer should take into account all treatment, medical bills, and other costs that the victim has and will bear.
Settlements are common because trucking companies and their insurers usually don’t want to risk losing a lawsuit. However, some cases cannot be resolved through settlement negotiations and must go to court. Either way, it is vital that you have a knowledgeable 18 wheel accident attorney by your side.
An experienced attorney can represent you in both economic and non-economic damages claims. Economic loss is compensation for tangible costs incurred or to be incurred by the victim, such as:
- Medical expenses (current and future)
- Lost Wages Due to Lost Work
- Repair or replace your car
- Loss of future income if you become disabled
- Home Improvement and Medical Equipment
Non-economic losses are much more subjective and usually have no quantifiable value. They may include:
- pain and suffering
- emotional distress
- disfigured
Punitive damages are also available in rare cases, but they are much more difficult to obtain. Punitive damages are only available to punish defendants for particularly egregious negligence, such as drunk driving.
Semi-trailer accidents involve more responsible parties
The main reason 18 wheeler accidents are often different involves proving liability for the accident. While most common motor vehicle accidents involve only a negligent driver, truck accidents can stem from the negligence of multiple parties.
Some of the different parties who may be named as defendants in a lawsuit arising out of a truck accident include:
- truck driver
- truck owner
- truck driver employer
- truck parts manufacturer
- maintenance company
- cargo owner
- Drivers and owners of other vehicles
When you have many responsible parties, they may start blaming each other in an effort to reduce their own level of negligence. You need an attorney who can hold each at-fault party fully accountable.
Bigger Trucks Have Bigger Insurance Policies
Because the losses in a truck accident claim can be so severe, the cost of commercial motor vehicle insurance can be much higher than what most consumers pay to insure their own personal vehicles. It also means that the policy constraints are much greater and more money is at stake.
As the money piles up in truck accident claims, insurers and trucking companies will go to great lengths to deflect responsibility, minimize payouts, or even deny claims. That’s why you need an attorney with experience negotiating with aggressive truck insurance companies to handle your claim.
At KRW Lawyers, we have a long track record of negotiating maximum compensation for truck accident victims. Our dedicated attorneys are also skilled litigators, and we’re not afraid to take a case to trial if the shipping company or insurance company doesn’t offer a fair payout.
If an insurance company has contacted you or tried to provide you with a fast-track claim after a truck accident, please contact us today for assistance with your claim.
Evidence differs in truck crash case
When it comes to any type of motor vehicle accident, victims can often get some of the best evidence they can have about their case by simply using the camera on their phone to take as many pictures of the accident scene as possible. The crash scene clears up relatively quickly, so any photos you get will be very valuable later.
The same police reports used in most motor vehicle accident cases are still important in truck accident cases. Cell phone recordings could also be valuable in situations where truck drivers may be distracted.
However, there are other types of evidence that are specific to these types of cases, such as:
- Driver qualification profile and training profile
- Time to Serve Documentation
- Truck Inspection Records
- Maintenance records
- Drug Screening Records
- Vehicle system download
- delivery documents
- Shipping Instructions
- weight vote
- bill of lading
Our personal injury attorneys have the skills and resources to gather all possible evidence to prove who was responsible for your accident.
In short
Were you injured in a collision with an 18-wheeler truck or other large commercial vehicle? Turn to a law firm experienced in handling 18 wheeler accident cases.
KRW Lawyers has built a strong team of highly qualified truck accident lawyers. Our attorneys have handled all types of truck accident claims requiring full and fair compensation for our deserving clients. We also fight on behalf of families who have lost loved ones in tragic, avoidable truck accidents.
Contact us today for a free consultation with our knowledgeable team. Our attorneys are available to meet with you in person to discuss the details of your accident and answer any questions you may have.
We will explain your legal rights and outline what happens when we proceed with your claim for compensation. Unless we win money for you, you can rest easy knowing you don’t owe us anything.