A collision with a commercial truck can produce more severe injuries and a more complicated legal process. Under the general federal limit for Interstate highways, a fully loaded tractor-trailer may weigh up to 80,000 pounds, although permits and other exceptions can allow certain trucks to weigh more. The damage a large truck can cause to a passenger vehicle at highway speed can be significant. Trucking companies may retain legal teams and carry commercial insurance policies with coverage limits well above a standard auto policy. Their insurers and attorneys may begin investigating and defending the claim shortly after the collision.
A Bronx personal injury lawyer experienced in commercial vehicle cases will tell you that truck accident claims follow a different process. Understanding how these claims work will help you set realistic expectations before you file.
In a car accident claim, you are typically dealing with two drivers and their insurers. A truck accident may involve more parties.
The driver may be an employee of the trucking company or an independent contractor, and the truck itself could be owned by a separate leasing firm. A third-party logistics or cargo-loading company may have handled the shipment, and a maintenance provider may also share liability if its failure to service the vehicle properly contributed to the collision.
Each of these parties may have its own insurer and legal counsel. Your attorney will need to identify every potentially liable party and the available coverage before your case can move forward. That process can add time to the early stages of the claim.
Some trucking-company video, GPS, and telematics records may be overwritten or deleted within weeks of an accident, depending on the company’s retention policies. However, the FMCSA requires motor carriers to retain ELD records of duty status and supporting documents for six months. Preservation letters sent to the trucking company and relevant third parties put them on notice that potentially important evidence should not be destroyed before it can be reviewed.
Your attorney will need to preserve evidence quickly, including:
The Federal Motor Carrier Safety Administration establishes regulations concerning driver hours, mandatory rest periods, driver qualifications, vehicle inspection and maintenance, and cargo securement. Federal and state laws also govern vehicle weight limits, while additional federal requirements apply to the transportation of hazardous materials.
Your attorney will review the evidence to identify regulatory violations that may have contributed to the collision. Documentation showing that a driver exceeded the applicable hours-of-service limits or that a company skipped a required vehicle inspection may support a negligence claim when the violation is connected to the cause of the accident. A regulatory violation does not automatically establish liability by itself.
Commercial trucking insurance policies often have higher minimum coverage limits than personal auto policies. The required limit depends on the type of carrier, vehicle, cargo, and operation. A single truck accident claim may involve primary and excess policies worth millions of dollars.
The insurer may assign experienced adjusters and legal counsel to manage that exposure. They may scrutinize your medical records, wage documentation, treatment projections, and future-care estimates for information that could reduce the value of the claim.
Your attorney will need to match that level of preparation. Serious or disputed truck accident cases may require extensive medical and financial documentation, expert testimony, and evidence showing how the injury has affected your daily life. Although assembling that record takes time, it may be necessary for developing the claim.
Truck accident claims can take longer to resolve than routine auto claims. The discovery phase, where both sides exchange documents and take depositions, can itself last several months or longer. If the trucking company or its insurer disputes liability or challenges the value of your injuries, the timeline may extend further.
Accepting an early settlement from the trucking company’s insurer may leave some losses uncompensated, particularly when the medical prognosis is not yet clear. The full scope of your medical costs, lost income, rehabilitation expenses, and long-term care needs may not be known until later in the treatment and recovery process. Your attorney may need that more complete picture before negotiating a final figure.
One of the most important things you can do during a truck accident claim is resist pressure to settle before your case has been fully developed. The trucking company’s insurer may have a team evaluating the claim and attempting to limit its exposure from the beginning. Your attorney may need time to gather evidence, identify every liable party, retain the appropriate experts, and calculate the full value of your documented losses before entering serious negotiations.
The post How Truck Accident Claims Work and What Drivers Should Expect appeared first on Gauge Magazine.
