Trucks are bigger and heavier than cars. They need a longer distance in which to stop. Even with both cars and trucks having the same risk of being involved in collisions due to bad driver behavior and poor weather or road conditions, the results of a truck accident are overall more severe and likely to cause death or life-long suffering. Additionally, while a small business may only have to worry about servicing one, or maybe two vehicles, commercial carriers have whole fleets that need to be serviced.
If you or a loved one has been in a collision with a truck, contact a personal injury lawyer California as soon as possible after the crash. This will help you to determine if you have a claim for compensation for personal injury or the wrongful death of a family member. Get medical attention directly after the accident so that there is a record of your injuries.
We will now examine the main differences between car crashes and truck accidents.
Trucks Carry a Greater Risk of Severe Injuries or Death
The weight of an eighteen-wheeler truck is about 36 metric tons (or 80,000 pounds). This huge weight in comparison to a car makes for a much larger impact when a truck collides with a car, motorcycle or pedestrian. Injuries after these accidents leave victims with severe injuries. In many instances, the victims succumb to their injuries while others are maimed for life.
Some of the injuries that are commonly experienced by victims of truck accidents are:
- Internal bleeding
- Internal organ damage
- Amputations
- Burns
- Paralysis
- Spinal cord injuries
- Back injuries, traumatic brain injury
- Severe fractures
Federal Regulations
The regulations governing trucks are far more stringent than for cars. The Federal Motor Carrier Safety Administration (FMCSA) sets up the regulations. When these rules are not abided by, the risk of trucks colliding with other vehicles or pedestrians increases. This is when you need a truck accident lawyer near me.
Some of these regulations are:
- Hours of Service. Truck drivers have set maximum hours that they can work before they are required to take a break. Many accidents happen because truck drivers did not take their regulated breaks. The fleet manager can be held responsible too if drivers were not instructed to take regular breaks, this was not managed or monitored, or carriers expected drivers to exceed the stipulated driving times. Drivers can become sleepy, and this can impair their concentration. They are required by law to keep a logbook of their rests and managers must check the logs to see if the regulations are being adhered to.
- Experience and Skills. It requires different skills and knowledge to operate a truck with its many gears and longer stopping distance capabilities. Unqualified drivers should not be employed. Drivers must be properly qualified for the job before being hired. Those whose driving is not acceptable need further training before being allowed to operate a truck on a public road.
- Medical health. Truck drivers have to undergo medical examinations and be medically certified every two years. This establishes if they are fit to drive a truck. If you are involved in a crash with a truck and the driver is not licensed, a truck accident injury lawyer from Karns & Karns Truck Accident Attorneys will be able to use this fact in court to claim compensation for any injuries you suffered in the accident.
- Maintenance and inspections. A pre-drive inspection must be carried out by the driver before getting onto the road. If any issues that could pose a safety risk are discovered during a pre-drive inspection or while driving, the fleet manager must be informed immediately, and the truck taken in for repairs. The trucking company is required to conduct routine maintenance and send trucks in for services at the right time. Any faults must be fixed, and the vehicle cleared before it is made available for deliveries again. As a victim of a truck accident where the truck was not in a sound condition, you can get the help of a truck accident lawyer like us to make a claim for compensation.
- Speeding. Speeding is a common but dangerous behavior many drivers engage in. While motorists who drive their cars above the speed limit also abound, an accident with a truck is usually more severe than one with a car due to the truck needing a longer stopping distance to come to a complete stop. When a collision is due to speeding, an experienced personal injury accident attorney will be able to assess if a case for compensation will succeed in court.
Multiple Liable Parties
Another difference between crashes involving a truck versus two cars colliding is the number of parties that may be liable for the accident. When only cars are involved, one or both of the motorists may be responsible for the collision. When a truck is involved, the number of potential liable parties grows and will need to be investigated so that blame can be apportioned. This may include:
- Truck drivers. A truck driver may be responsible for the accident due to driving under the influence of alcohol or taking drugs, speeding, battling to stay awake after not taking prescribed breaks, distracted driving such as talking on a cell phone, overtaking when it is not safe to do so, or other cases of not obeying the rules of the road or FMCSA regulations.
- Trucking companies. The trucking company may be held responsible for a compensation claim if the vehicle involved in the accident was not serviced according to its schedule or necessary repairs were not carried out. Other reasons a trucking company may be held responsible are if they fail to monitor that a driver took required breaks or a truck driver who was not competent to drive a truck was hired.
- Tractor or trailer companies. Sometimes, trucks are used with trailers or tractors. If a separate company from the fleet owner provides these vehicles, they could also be held liable if these vehicles were not in a good state of repair and roadworthiness.
- Truck Maintenance Service Providers. When a fleet of trucks is serviced regularly, the trucking company will usually contract with one service provider to carry out all maintenance and repairs. If the service or repair contributed to the accident, truck maintenance service providers could find themselves in court facing compensation claims.
- Loading parties. It is not the driver who loads cargo onto the truck. The parties responsible for loading cargo need to ensure that this is done in a safe manner and so that the cargo is fully secure and will not become dislodged during the trip. If dislodged cargo results in an accident, the loading parties could be held liable for the incident and for claims for compensation.
Don’t hesitate if you have been in an accident with a truck. Contact us at Karns & Karns Truck Accident Attorneys if you need a personal injury accident attorney. We have offices in California, Texas & Nevada.
