Although it might not seem like a truck accident would be much different than a car accident, commercial truck collisions can be significantly more complicated. Due to the sheer size and weight of a commercial vehicle even a low-speed collision with a car or SUV can result in life-changing injuries. But the biggest difference between a truck accident and an accident between private passenger vehicles is who owns the vehicle: the trucking company.
This additional element adds several new wrinkles to the process. Instead of making a claim against a single defendant, victims in truck accident cases have the right to demand compensation from the at-fault truck driver as well as the trucking company the driver was working for. Claims with multiple defendants also involve multiple insurers, making things more complicated.
Working with experienced truck accident lawyers in Maine can help you handle the daunting task of dealing with insurance companies. With a proven track record of successful litigation involving commercial vehicles, our attorneys are ready to help you get justice after an injury.
Truck accidents produce grievous injury and high medical damages
Many commercial trucks weigh upwards of 80,000 pounds. That weight creates significantly more force during a collision. When that force is transferred to a vehicle weighing 5,000 pounds, even if both vehicles are traveling slowly, serious injuries can happen.
Medical appointments, hospitalizations, surgeries, physical therapy and mental health treatment often follow a serious injury. Some people may never fully recover from their injuries and may require an in-home caregiver or lifelong medical care.
Medical and in-home caretaker bills quickly add up. Medical damages (the expenses for doctor bills, prescription medication, durable medical devices, and travel to see specialists) in truck accident claims can easily exceed six figures, and for those who need a lifetime of medical care, future damages can be astronomical.
Beyond the medical bills, victims also experience pain and suffering, emotional trauma, and loss of quality of life. Negotiating with insurance companies to get fair compensation for all the damages a victim suffers is not an easy task and is not something you should attempt alone.
That’s where an experienced personal injury attorney can help. They understand your injuries, your medical treatment and how commercial truck crashes happen. They also have access to experts that can help prove your case and the extent of your injuries.
Many truck accidents are due to FMCSA violations
All trucking companies and truck drivers in the U.S. must follow regulations set by the Federal Motor Carrier Safety Administration (FMCSA), in addition to state-specific laws. FMCSA regulations set specific driving hours of service (HOS) rules that limit the hours per day and days per week the driver can operate the vehicle. Additionally, commercial driver’s license (CDL) holders may be subject to drug and alcohol testing and have a lower limit for blood alcohol content in most states (0.04% in Maine, compared to 0.08% for private drivers).
Federal laws also require commercial truckers to complete regular inspections of their vehicles for safety. These inspections also include their cargo. At any time, the trucker may be asked to produce their safety and driving logs, and they’re required to be up-to-date.
Most of the regulations set by the FMCSA are intended to reduce the number of serious truck accidents. Often, truck accidents are caused by the driver, the trucking company, or both violating FMCSA regulations. Our attorneys know what information is available due to FMCSA regulations and how to get it in your case. Our attorneys know what information is available due to FMCSA regulations and how to get it in your case.
Multiple defendants complicate commercial truck accident claims
Trucking carriers can be held liable for accidents caused by their drivers, whether the driver is a direct employee or a contractor, under the legal principle of imputed liability. In truck accident cases, this often means the plaintiff and their legal team are dealing with multiple defense attorneys and insurance companies. While the plaintiff is entitled to claim compensation from all liable parties, filing a claim against multiple parties is more complicated than litigating a claim against just one individual.
Your truck accident law firm needs the resources to build two separate, yet intertwined, cases against multiple parties. Not all law firms have the degree of experience, training, and resources necessary to pursue complex truck accident litigation.
Navigating the differences between truck and car accident claims
At Shaheen & Gordon, we’ve represented clients across Maine and New Hampshire who have suffered life-changing injuries in truck crashes. We understand how devastating these accidents can be and work tirelessly to build strong claims backed by evidence, expert testimony, and a deep understanding of trucking laws.
Have you been injured in a semi-truck collision? We’re here to help. Call Shaheen & Gordon today at (800) 451-1002 for a free consultation with an experienced truck accident attorney.
