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Why a Truck Crash Isn’t the Same as a Car Crash (and You Need a Different Lawyer)

If you are looking for an attorney after a serious truck crash, you should know
handling car accidents is an entirely different legal skill set than handling
truck accident cases. You need a lawyer with experience, and a history of
success, getting settlements and awards for clients who have been hurt by
trucking companies and their drivers.

What Makes Truck Accidents So Different from Car Wrecks?

Truck crashes differ from car crashes in several important ways.

More Serious Injuries

A trucking accident is a wreck involving a semi tractor-trailer, an 18-wheeler,
or another large commercial truck. As stated by the National Highway Traffic
Safety Administration (NHTSA), these types of crashes caused 4,671 deaths in the U.S. in a single recent
year. A total of 82% of the people who died were occupants of other vehicles,
pedestrians, or bicyclists. Only 18% were drivers or occupants of the big rigs.
A fully loaded 18-wheeler can weigh 80,000 lbs. or more, as compared to the
average car, weighing approximately 3,000 lbs. Because of their sheer size and
weight, large trucks are more likely to cause catastrophic or fatal injuries
when involved in a crash.

Federal Regulations

Trucking companies and their drivers are subject to a huge body of regulations
issued by the Federal Motor Carrier Safety Administration (FMCSA). They are
required to follow certain safety standards concerning everything from drivers’
hours of service to inspection, repair, and maintenance of vehicles to properly
securing loads to mandatory drug and alcohol testing for drivers. Any serious violation of FMCSA regulations on the part of the trucking company or its driver can go a long way toward
establishing and supporting a claim for compensation. The attorney you choose to
represent you must be familiar with these regulations and know how to prove
violations.

Multiple Potentially Liable Parties

In a car accident case, the at-fault driver is usually liable for injuries and
property damage. In a truck crash, on the other hand, there may be several
parties potentially responsible for your losses. Your claim for compensation may
be against the:

  • Truck driver (if driver negligence contributed to the crash)
  • Trucking company (if the company hired an unqualified driver, cut corners
    concerning safety, failed to properly maintain the vehicle, or pushed the
    driver to exceed hours of service limits)
  • Truck owner (if the truck was not owned by the trucking company and the
    owner failed to regularly inspect and maintain the vehicle)
  • Cargo loaders (if failure to properly load and secure the cargo contributed
    to the crash)
  • Parts manufacturer (if a defective truck part caused mechanical failure that
    led to an accident)

An experienced truck accident lawyer will have the ability to investigate the
crash and determine cause and liability.

Unique Factors in Trucking Accidents

Many truck crashes involve certain factors that do not usually contribute to car
accidents. Examples include:

  • Jackknifing: This occurs when a trucker towing a trailer loses control of the trailer,
    which swings out to form an “L” or “V” shape, usually stretching across
    multiple lanes of the roadway.
  • Rollovers: The high center of gravity of large commercial trucks creates a greater
    tendency to roll over. Centrifugal force can cause a truck to lean during a
    turn or curve, particularly if the driver is traveling too fast for
    conditions or makes a sudden change in steering to avoid an obstacle or
    another vehicle.
  • Brake failure: Brake malfunction is a leading cause of
    truck accidents. When a truck crash results from brake failure, the fault
    may lie with the driver (who caused the brakes to overheat), the trucking
    company (that failed to properly set and maintain the brakes), the cargo
    loader (that failed to evenly distribute the load), or others.

Why You Need an Experienced Truck Accident Lawyer

Trucking companies and their insurers can be extremely aggressive in defending
against claims. They may go to great lengths to minimize their payouts – from
obscuring black box data to sending their own team of “investigators” to the
accident site, even before the police arrive at the scene, in some cases. They
have been known to use intimidation, bullying, and other tactics to frighten
victims into dropping the claim or accepting a lowball settlement. A lawyer with
experience handling car accident claims between two private parties is simply
not equipped to stand up to commercial insurers and the weight of the trucking
industry. Our founding attorney, Dan Sorey, has ten years of previous experience
in law enforcement, as a police officer and a parole agent. Before establishing
our firm in 2010, he worked for a nationwide plaintiff’s firm for many years,
representing injured clients from across the nation, which included handling
trials in five different states. We have the knowledge, skills, and resources to
effectively handle your truck accident claim. Call The Sorey Law Firm P.L.L.C. at (903) 207-5526 today to find out how we
can help after a truck crash with serious injuries.