Car accidents differ from truck accidents in numerous ways. For victims, injuries resulting in physical, emotional, and financial losses are likely in either case. Yet, truck accidents bring more weight, more complications in the legal battle, and a higher risk of walking away without fair treatment and compensation.
While you might be able to file a claim for a small car accident, most truck accidents carry significant risk and a trying process. Working with a truck accident lawyer in Houston is often essential. Before you settle your case, take a closer look at how truck accidents differ from car accidents in Texas and what you can do to make sure you get fair compensation.
Determining Negligence in a Truck Accident Versus a Car Accident
One of the most impactful ways that truck and car accidents differ is in fault. To prove fault, you still must follow the same process of demonstrating duty of care, a failure of that duty of care resulting in an accident, and losses of injury and financial implications as a direct result. However, truck accidents often mean there are more parties involved.
In a car accident, the driver behind the wheel of the car that struck you is generally at fault. However, in a truck accident, there may be additional parties at fault, such as:
- The truck driver
- The trucking company employing the truck driver
- The truck owner, if different from the company or driver
- The company manufacturing the vehicle
- The cargo loading company that made mistakes
- The technicians working to maintain the truck
Proving every party at fault can prove valuable. It allows you to see compensation across multiple parties, which could increase the availability of compensation for you.
Gathering Evidence Can Be More Challenging in Truck Accidents
Your truck accident lawyer will gather evidence to prove fault and your losses in both a car accident and a truck accident. However, truck companies tend to be more likely to take aggressive steps to protect their sensitive information. More evidence may exist, though.
For example, trucks often have black box logs that record the driver’s actions before and during an accident. Truck logs are mandated to demonstrate that a vehicle was properly maintained according to regulations applicable to it. You also have records of drivers taking time off from work for breaks to rest and drug testing that shows that the driver is a safe risk.
This information is not simple to obtain. Often, your truck accident lawyer will need to seek court approval to gather the information if it is not willingly provided to you. This adds to the frustration for victims. Those bits of data can often prove what caused the accident and who is at fault as a result.
The Physics of Cars Versus Trucks
Another way that truck accidents are different from car accidents in Texas is in size and weight. A semi truck can be 20 to 30 times bigger than a small passenger vehicle. These trucks can weigh up to 80,000 pounds when loaded with cargo. That creates an incredible amount of force when a truck strikes a car. Trucks need as much as 40% more space to stop the vehicle as well. If they cannot stop, that truck and all of that weight can decimate those in the vehicle.
This is an important factor in filing a claim. More force means more complex injuries and losses. There is a higher risk of being killed in an accident like this or suffering catastrophic injuries that impact every part of your life. The damage done in a truck accident is often far worse than that of a car accident.
The Injuries in Truck Accidents Compared to Car Accidents
Another factor that plays a role in the complexity of truck accidents is the severity of injuries. To be clear, both types of accidents can cause serious and life-threatening injuries. Both types of accidents can lead to the loss of life. However, because of the weight and size differences, trucks carry a higher risk of causing serious injuries to victims.
Victims in a car accident are likely to have less severe injuries if they are struck by another passenger car. If a person is struck by a truck, in the same situation, the higher weight and force create a bigger risk of complicated and catastrophic injuries.
That is important for another reason as well. When your injuries are more severe, insurance companies work overtime to limit the amount of compensation you claim. The direct result is that you may see more pushback for your claim, even with more significant injuries. Do not let the insurance company limit your right to fair treatment and compensation.
Truck Regulations Are Stringent
All drivers on the road are under a duty of care to follow traffic laws to keep everyone else safe. Yet, trucks face more intense scrutiny and more complex regulations to follow. These are overseen by the Federal Motor Carrier Safety Administration. These rules relate to:
- Who can operate the vehicle, and the specialized certifications required
- The type of cargo that a person can carry
- The standards for proper cargo management and control
- How the vehicle must be maintained
- How long a driver can operate the vehicle
This is just an overview of the differences. What this means for you, as the victim, is that there are more strategies your attorney can employ to hold others accountable for your losses. Your attorney will look at more factors to determine where the oversights and mistakes happened when building your case.
Let Our Truck Accident Lawyer in Texas Guide You
You should never feel that you have to face insurance companies, trucking companies, and other lawyers without legal representation. At The Doan Law Firm, we will help you navigate the differences in car and truck accidents in Texas with the objective of helping you maximize your compensation. Set up some time to speak to our legal team now about the options available to you at a free consultation.