ruck accidents and car accidents may appear similar at first glance, but they differ significantly in several key aspects. Understanding these differences is essential for anyone involved in a truck accident. Here’s what you need to know.
1. Size and Weight Disparity
Increased Severity of Accidents: The substantial size and weight difference between trucks and cars often lead to more severe accidents. Trucks can weigh up to 80,000 pounds, compared to the 3,000 to 4,000 pounds of an average passenger car. This disparity results in greater force of impact, causing more serious injuries and extensive property damage.
Longer Stopping Distances: Trucks require considerably longer distances to come to a complete stop. This extended stopping distance can contribute to rear-end collisions and other types of accidents, especially if a car abruptly stops or slows down in front of a truck.
Greater Potential for Multi-Vehicle Accidents: Due to their size, trucks are more likely to be involved in multi-vehicle accidents. A truck losing control can trigger a chain reaction, involving several cars and complicating the accident scene.
2. Federal Regulations and Industry Standards
Hours of Service (HOS) Regulations: The Federal Motor Carrier Safety Administration (FMCSA) enforces strict hours of service regulations to limit the number of driving hours for truck drivers. Violating these regulations can lead to driver fatigue, a known cause of truck accidents. Learn more about HOS regulations here.
Maintenance and Inspection Requirements: Trucks must undergo regular maintenance and inspections to ensure their safety. Failure to adhere to these requirements can result in mechanical failures, making the trucking company potentially liable for accidents caused by such failures. Check out maintenance guidelines here.
Cargo Securement Rules: Proper cargo securement is crucial for preventing accidents caused by shifting or falling cargo. Trucking companies must follow specific rules to secure their loads effectively. Explore cargo securement requirements here.
3. Liability Issues in Truck Accidents
Multiple Liable Parties: Determining liability in truck accidents can be more complex than in car accidents due to the involvement of multiple parties. Potentially liable parties include the truck driver, trucking company, truck manufacturer, and the cargo loading company.
Vicarious Liability: Trucking companies may be held vicariously liable for their drivers’ actions. This means the company might be responsible for damages even if the driver was at fault.
Comparative Negligence: In Texas, the modified comparative negligence rule applies, meaning if you are partially at fault for the accident, your compensation may be reduced proportionally. If you are found to be more than 50% at fault, you may not receive compensation.
4. Types of Injuries and Damages
Traumatic Brain Injuries (TBIs): Truck accidents often result in severe TBIs due to the significant force of impact. These injuries can lead to long-term or permanent cognitive and physical impairments.
Spinal Cord Injuries: The impact from a truck accident can cause spinal cord injuries, leading to paralysis or other mobility issues that may require lifelong care.
Burns and Lacerations: Accidents involving trucks can sometimes lead to fires or explosions, resulting in severe burns and lacerations. Trucks carrying hazardous materials are particularly dangerous in this regard.
Wrongful Death: The severity of truck accidents often results in fatalities, which may lead to wrongful death claims by the victim’s family.
5. Insurance Considerations
Complex Insurance Claims: Due to the higher insurance limits required for trucking companies, claims can be more complex. The claims process may be lengthy, with insurance companies conducting thorough investigations to minimize payouts.
Potential for Larger Settlements: While truck accident settlements are often larger due to higher insurance limits and the severity of injuries, insurance companies will vigorously defend against claims to avoid substantial settlements.