Some of the deadliest motor vehicle accidents involve large trucks or trailers. There are state and federal regulations within the trucking industry, which is why these types of cases can be complicated. No matter the kind of trucking accident that you or a family member were involved in, our Gastonia truck accident lawyers are ready to help you move forward.
At Roberts Law Firm, P.A., our attorneys and legal team are dedicated to providing clients with the legal representation and support they need.
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It’s true that truck accidents can differ from typical car accidents due to the unique legal and regulatory factors involved, in addition to the size and weight difference of these large commercial vehicles. These cases are often more complicated to investigate, involving higher stakes and requiring strong legal acumen to navigate them effectively.
Here are some ways truck accidents can be different from typical car accidents:
One of the most distinctive features of a truck accident is the potential for multiple parties to be liable for the accident. In a typical car accident, liability usually rests with one or both drivers. In truck accidents, multiple entities can potentially be held responsible:
● Truck driver. The truck driver could be found negligent, especially if they were driving while fatigued, distracted, or under the influence of drugs or alcohol.
● Trucking companies. Trucking companies can also share liability if they fail to properly train the driver who caused the crash, enforce certain safety protocols, or keep up with the truck’s maintenance.
● Cargo loaders. Cargo loaders can also be investigated for liability if they improperly loaded a truck that led to unsecured cargo causing an accident.
● Truck manufacturers. If there are any defective parts on the truck, the truck’s manufacturer or mechanic could also share liability for neglecting to keep the truck running safely.
Truck accidents are heavily influenced by federal regulations. For example, truck drivers are required to adhere to strict driving limits to prevent any fatigue-related accidents. There are also specific requirements for how frequently a truck should be inspected and undergo maintenance to operate safely. Drivers must also hold a valid commercial driver’s license to prove they are trained and capable of driving these trucks.
Truck accidents often result in more severe injuries when compared to standard car accidents, especially because of how large and heavy they are. Victims of these accidents are more likely to suffer catastrophic injuries, such as traumatic brain injuries and spinal cord damage. This can lead to long-term medical needs and permanent disabilities that will likely also be considered when creating a final compensation package.
Because of this, the financial stakes in these cases are significantly higher, with compensation often including:
● Extensive medical treatment
● Long-term rehabilitation costs
● Lost income and diminished earning capacity
● Pain and suffering
Truck accidents involve navigating commercial insurance policies. These are vastly different from the average layperson’s auto insurance. Commercial trucking policies often have much higher coverage limits. In addition, there may be multiple other policies involved, including:
● The truck driver’s liability coverage
● The trucking company’s policy
● Cargo insurance
Proving liability in a truck accident may require specific evidence that is not typically part of a car accident claim. Specific evidence in these cases includes driver logs and black box data, which is an electronic logging device that records important data regarding driver behavior, like speed, braking, and hours of driving.
Maintenance and inspection records are also important, as these documents help determine whether the truck was properly maintained and inspected before the accident or if someone was negligent in their responsibilities.
Our attorneys at Roberts Law Firm, P.A. are dedicated to assisting clients with their legal matters. Learn about our law firm by reading what our clients have said about their experiences with us. Contact us today to secure legal representation and get started on your case.
Attorney Scott W. Roberts is a partner at Roberts Law Firm, P.A., licensed in North Carolina and South Carolina, with over 30 years of experience representing clients in personal injury, truck accident, & workers’ compensation cases.
Attorney D. Brad Collins brings extensive experience in personal injury, truck accident & civil litigation. He is dedicated to helping clients achieve the best possible outcome through effective legal strategies.