Trial Attorney Blog
Truck accidents, personal injuries, and fatalities can bring about such consequences.
With stakes this high, it is not surprising why a good number of myths and misconceptions surround truck accident claims.
Misconceptions somewhat confuse the truth and mislead victims about their rights and what should happen during the legal process after such an event.
In this all-inclusive guide, we are keen to debunk common myths about truck accident claims while providing crucial insights for claimants.
Separate fact from fiction because this will better equip you to understand your rights and the legal remedies that await you.
Common Truck Accident Claims Myths Debunked
Myth 1: Truck Drivers Are Usually at Fault
One of the significant common fallacies is that truck drivers are always liable for wrecks involving their vehicles.
The belief may be a little based on the fact that trucks are much more massive than smaller vehicles; therefore, more damage is likely to occur.
The current situation, however, is far from reality.
Fact: The truck driver is not to be blamed entirely.
In many cases, the accident happens due to causes other than bad trucking, like lousy road conditions, the poor driving of another person in a smaller vehicle, mechanical failure, or even improperly loaded cargo.
In some cases, even the weather might have been responsible for the accident.
Therefore, it is not the truck driver’s fault.
The trucking industry is generally well-regulated, and truck drivers are always expected to adhere strictly to high safety standards.
They are fully trained and subject themselves to the rules guiding them to have the risk of accidents as low as possible.
Truckers can sometimes be faulted, but assuming they are always at fault will only distort the unbiased analysis of each case.
Myth 2: The Larger the Trucks, the Bigger Their Compensation
Another common myth is that large commercial truck accidents automatically bring more significant compensation because substantial insurance policies cover these vehicles.
Victims usually think and find out that because a car is vast and commercial, the payback has to be a lot higher.
Fact: Whatever amount that victim can win in compensation does not relate to the size of the truck or the type of the insurance policy, but this depends on various factors ranging from the extent of injuries suffered to who was at fault and even the law representation of the claim.
As much as trucking companies have more extensive insurance policies, significant compensations come in if their liability is proven and damage sustained is established.
In addition, more often than not, there are numerous parties involved in a truck collision.
Such parties extend from the trucking company to the truck driver and sometimes even the maker of the vehicle or parts.
This certainly does not make the legal process any easier, hence the demand for excellent legal counsel to get meaningful compensation.
Myth #3: Truck Crashes Are Just Car Crashes on Steroids
Some of the most damaging myths regarding trucking accidents are that those accidents are just a variation of car accidents, only with bigger cars.
People often find it a run-of-the-mill car accident, and the legal and insurance ramifications are identical.
Fact: Truck accidents are far more complicated than automobile accidents.
Federal regulations, multilateral liability, and the fact that most truck accident injuries are significantly more severe create far more complex legal issues than their counterparts, such as automobile accidents.
The FMCSA regulates truck drivers’ hours, maintenance protocols, and cargo limits, making these cases far more complicated than standard automobile accidents.
By their nature, trucking accidents often involve multiple parties whose negligence led to the accident, meaning the trucking company, cargo loaders, and, in extreme cases, even the manufacturers.
So, a truck accident claimant needs an attorney who is well-versed in handling this type of case as it necessarily involves familiarity with federal and state trucking regulations.
Essential Details About Truck Accident Claims
Now that we have eliminated most of the myths, let’s move on to basic facts that every truck accident plaintiff should know.
Fact 1: The Trucking Industry Has Strict Regulations
Many federal and state regulations regulate trucking with the intention of ensuring that the transportation of goods, both in trucks and to the public, is safe.
Examples include reductions in truck weight, hours of driving, and proper maintenance.
These regulations have been proposed to lessen the risks of accidents because they ensure that trucks are in exemplary condition and drivers are not overworked or fatigued.
The state of Florida has additional safety protocols in place with its regulation, adding a different level of complexity to truck accident claims, as trucking companies or drivers may be liable when these regulations are violated upon an accident happening.
Fact 2: Over One Party Could be Liable
Liability on the driver is often the case with standard car wrecks, but liability is quite a bit harder to determine in trucking accidents.
There are several parties which might be liable, such as:
- The truck driver
- The trucking company
- The manufacturer of the truck or its parts
- The company entrusted with the maintenance of the truck
- The company that loaded the cargo
Each party may be at least partially responsible for causing the accident.
For example, if the crash involved bad brakes, then presumably, the brakes’ manufacturer is to blame.
If a trucker is tired of driving too many hours, the trucking company should be liable for forcing that driver to drive more than the federal limits allow.
Fact 3: Time is of the Essence
Time is of the essence in a trucking accident.
Florida law provides a statute of limitations that gives the victim four years from the accident date to bring a claim for personal injuries.
But waiting too long to file an action will only weaken your claim.
Evidence, such as eyewitness testimony, surveillance footage, and documentation of the accident scene, can degrade or disappear in time.
Moreover, trucking companies often have lawyer teams and insurance firms that begin working on the case right from the accident.
Prompt action would mean that your lawyer starts collecting evidence to help build a strong case for you.
Actions to Take Right After a Truck Accident
If you have been a truck accident victim, the decisions you make right after the accident may already affect your health, safety, and rights in the entire legal process.
The following is a basic guideline on what to do:
- Safety First: Get out of the accident site if possible. Move to a safe area.
- Call 911: Report the accident and need medical attention if injured.
- Document the Scene: Take pictures and videos of the wreck, including damage to vehicles, injuries, and scenery.
- Get Witness Information: If there are witnesses, try to get their contact information for further contact.
- Avoid Statements Related to Fault or Cause: Do not make any statement on the fault or cause of the wreck, especially to insurance companies.
- Seek Attorney: Consult with an experienced truck accident attorney in time to help guide you through the various legal pitfalls surrounding your case.
Legal Remedies for Truck Accident Victims
When a truck accident occurs, and you are the victim, you are left with several legal remedies that can help you achieve compensation for injuries and loss.
Knowing about these is essential to making better choices when filling your claims.
Filing an Injury Claim
This would mean that a personal injury claim is compensation for damages you have suffered due to another person’s negligence.
Thus, in an accident involving a truck, you could sue the truck driver, the trucking company, or other parties found liable.
A successful personal injury claim can grant compensation to the following compensation awards:
- Medical expenses: Present and future
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Suing for Punitive Damages
In some trucking accident personal injury cases, punitive damages may be awarded more than compensatory ones.
Damages of such extent are only meant for retribution of the defendant based on gross or egregious negligence.
Punitive damages are generally infrequent and significantly increase the damages awarded in extreme situations.
Settlement by Negotiation
In most truck accident cases, the parties enter negotiated settlements.
An experienced attorney can represent you and negotiate a fair settlement, so your case must not be tried in court.
However, if negotiation is not feasible, your attorney should be prepared to take your case to trial to gain compensation.
Class-Action Lawsuits
Truck accidents often have several victims or even one cause: faulty parts or systemic safety violations by a trucking company.
Here, a class-action lawsuit becomes the great weapon of law that allows victims to fight together for justice.
Class actions are most influential in those big companies that have caused harm on a mass scale.
Conclusion
Truck accident cases are more complex than how people may think them to be in the beginning.
Truck accident claims have come to be surrounded by many myths lately, which may give rise to conflicting issues and add complexity to the case.
Beating all these myths and swift action can help victims fight for their rights and get just compensation due to them.
Suppose you or anyone you love, spouse, or child, had become a victim of a truck accident. In that case, it is usually advisable to find a personal injury attorney who can guide you through the complexities of your claim and figure out all parties liable as well as determine the best avenues for receiving adequate compensation for your injuries.
FAQ
How long do I have to file a truck accident claim?
It depends upon the location for the time frame to file a truck accident claim, and it mainly depends on the jurisdiction regarding the cause. States have their particular statute of limitations ranging from two to four years. It would be advisable to engage an attorney so you can be apprised of your case’s deadlines and act promptly to preserve the evidence.
Even if I contributed to the cause of the truck accident, may I bring a lawsuit?
In most states, but under “comparative negligence. “Your recovery will be diminished by the percentage the court decides you were at fault. Consult an attorney to see how these rules apply in your case.
What types of damages can I anticipate getting through a truck accident lawsuit?
Damages from truck accidents can include medical costs, loss of wages, pain and suffering, emotional distress, and property damage. Future medical expenses and loss of earning capacity may also be recovered, depending on the circumstances of a case.
Do truck accident lawsuits involve more complexities than car accident lawsuits?
Truck accident cases tend to be complicated due to multiple parties present, federal regulations in truck cases, and types of injuries. Trucking companies, manufacturers, and cargo handlers may also share liability. This is why they’re much more complicated than other auto accident claims.
Will I need a lawyer for my truck accident case?
Trucking accident cases are generally very complicated, and it is therefore advisable to seek the services of an experienced attorney. They would help you through the legal process, show liability, find necessary evidence, and ensure your case is fully compensated.
After the trucking accident, if the truck driver’s insurance company approaches me to communicate with me, what should I do?
If the truck driver or trucking company’s insurance contacts you, be careful. Do not give a statement nor accept a quick settlement offer without speaking with an attorney. Insurance companies commonly have a reason to want to pay out less; therefore, having an attorney on your side ensures that your rights will not be compromised.