Semi-truck accident claims differ from car accident cases for several reasons, including the likelihood of catastrophic injuries to the passengers in the smaller car and the potential for multiple parties involved.
These aren’t the only complications unique to a truck accident case. Getting compensation in a case in which multiple insurance companies may be involved often means building multiple separate cases and engaging in complex negotiations. The advice of a seasoned West Palm Beach truck accident lawyer can dramatically improve your chances of securing the settlement you deserve.
Challenge #1: Truck accidents result in catastrophic injuries
A fully-loaded commercial semi-truck can weigh up to 80,000 pounds; your car probably weighs about 4,000. The inertia of the truck is immediately transferred to the passenger vehicle in the collision, resulting in severe, sometimes deadly, injuries.
The cost of treating multiple severe injuries can easily reach into the hundreds of thousands of dollars. If the victim is permanently disabled and needs personal care services or ongoing medical care, then the cost of care increases even more. The insurance company may require considerable proof of the severity of your injuries and prognosis before paying out a $1 million claim.
Insurance companies balk at paying large claims without solid evidence of their client’s negligence. The input of medical experts can help substantiate your lawyer’s case for your medical damages.
Challenge #2: Higher chance of a fatal accident
Many people who are gravely injured in truck collisions may never recover. If this happened to your family, and you lost a loved one in an avoidable truck crash, you have the right to file a wrongful death lawsuit against all liable parties. In Florida, the deceased estate representative (usually the executor of the will) files the wrongful death claim on behalf of the victim’s surviving spouse, children, or parents.
Challenge #3: Proving the truck driver violated federal regulations
All commercial truckers must follow regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These include maximum hours of service, responsibility for ensuring the vehicle is safe to travel, and proper training and licensure. If the driver flouts these rules, or the trucking company fails to adhere to its federal obligations or enforce requirements on its drivers (whether the driver is an employee or contract driver), it can also be held liable for the plaintiff’s damages.
FMCSA regulations are placed to ensure safety on the roads. Violations of these rules, including driving with a blood alcohol content of over 0.04% (half the legal limit for commercial drivers), using a phone while driving, or driving longer than the legal hours of service permit, can all be considered negligence on the part of the trucker. How well your personal injury attorney understands FMCSA regulations and how to best provide violations can have a significant impact on your case.
Challenge #4: Multiple defendants
Unlike most car accident claims, truck crashes may involve more defendants than just the trucker:
- The trucking company, for failure to supervise, or liable under the legal principle of respondent superior (One party is liable for the negligence of its agent)
- The cargo loaders, for failure to properly balance and secure the load, making the truck unwieldy and more likely to crash
- A truck or trailer vehicle designer, manufacturer, or mechanic who renders the vehicle fundamentally unsafe
Determining fault in truck accident claims involves exploring the totality of the circumstances in the collision and seeking compensation from all negligent parties.
Injured in a commercial truck accident?
If you’ve been hurt in a commercial truck accident, you need experienced legal support to handle the complex laws and insurance issues involved. Don’t wait to protect your rights and secure the compensation you deserve.
Contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for a free consultation. Our skilled attorneys are here to help you every step of the way.
