Unique Challenges in Truck Accident Litigation
If you have been in an accident or know someone who was in an accident before, you might assume that truck accident litigation is the same as any other car or personal injury accident. However, truck accidents are different in several ways. For instance, they are more likely to result in catastrophic injuries, involve multiple liable parties and regulation violations, and lead to high costs and expenses.
It is not uncommon for different obstacles to arise throughout the truck accident litigation process. When dealing with this type of accident case, it is crucial to hire an attorney with the knowledge and experience to help you navigate any emerging complexities and obtain the maximum compensation you are owed.
The key differences and challenges between a truck accident case and a car accident case
There are several key differences between a truck accident case and a car accident case. Most of the time, the difference between these cases depends on the unique factors and circumstances involved, which can result in various complications and challenges. A few of the most common differences between a truck accident case and car accident case include:
Size differences
One of the most obvious differences between car and truck accident cases is the size differences between the vehicles involved. Semi-trucks can weigh up to 80,000 pounds, while many passenger cars weigh around 4,000 pounds. Most semi-trucks are also over 13 feet tall, 72 feet long, and over eight feet wide. When comparing these large and powerful vehicles to a passenger car that is around five feet wide, 14 feet long, and five feet tall, it makes a huge difference. As a result, life-threatening, devastating, and deadly injuries are more likely to take place in a truck accident.
Regulation violations
While car accidents can involve speed limit violations or failure to follow traffic guidelines, truck accident cases often consist of at least one, if not multiple, federal regulation violations. The federal government has implemented strict rules and guidelines that truck drivers and trucking companies must follow and abide by.
Some of the regulations that often come up in truck accident litigation include the following:
- Hours-of-Service regulation
- Cargo Securement regulation
- Drug and Alcohol testing
- Truck Inspection and Maintenance
- Transportation of Hazardous Material regulation
- Driver Qualification regulation
These regulations were created to keep truck drivers and anyone else they share the roads with safe. Determining whether a truck driver or trucking company violated a regulation is important in a truck accident case.
Multiple at-fault parties
Although car accident cases can involve multiple at-fault parties, it is more common in truck accident cases. In car accident cases, the drivers involved may both share fault. However, in truck accident cases, there could be at-fault parties behind the scenes that most people never consider. For example, the trucking company could be at fault for failing to train the truck driver, the loading crew could be at fault for failing to make sure that the load was secure and evenly distributed, and the truck owner could be at fault for failing to inspect and maintain the truck. Determining liability in a truck accident case usually involves in-depth and detailed investigation.
Evidence
The evidence collected to build a truck accident case often differs from other cases. This is because semi-trucks usually have built-in devices that detail the moments before, during, and even after the crash. These devices are called electronic logging devices and event data recorders. Most semi-trucks also have dash cams and GPS devices, which can benefit your case. While this evidence may be enough to convince the insurance company or judge, you may also want to collect certain evidence from the trucking company, such as inspection, maintenance, training, and driving logs.
What are the challenges of severe and catastrophic injuries in truck accidents?
Tuck accidents usually result in severe and catastrophic injuries. This is because when one vehicle is 20 times heavier than the other vehicle, the smaller vehicle typically experiences disastrous property damage, and the passengers inside are almost always subject to severe, life-threatening, and horrific injuries.
If a truck accident victim survives, they will likely face long-term and permanent physical, mental, and financial effects that can become worse over time. When handling a truck accident case, it is crucial to not only think about your current losses but also think about your lifelong disabilities, impairments, and challenges that you will face. The following are some of the most common injuries that truck accident victims sustain:
- Traumatic brain injuries
- Skull fractures
- Paralysis
- Crushing injuries
- Amputations
- Organ damage
- Internal bleeding
- Burn injuries
- Deep cuts and lacerations
- Scarring and disfigurement
- Facial and eye injuries
When an individual suffers these injuries, they may need around-the-clock medical care and assistance for the rest of their lives. There is also a strong chance that they never work or hold the same level of job, and they may experience serious financial debt from the overwhelming medical and rehabilitation costs, which can put a strain on their families and loved ones well into the future.
Why is it important to hire a truck accident attorney in Kansas City, MO?
When navigating a truck accident case, you should strongly consider hiring a truck accident attorney in Kansas City, MO. Truck accident cases involve a lot of possible complications and hurdles. However, if you have an experienced truck accident attorney, you can receive the necessary legal advice and advocacy to increase the chances of your case’s success. Here are several of the ways that a truck accident lawyer may assist you:
- Review and investigate every aspect of your accident
- Collect and review convincing evidence
- Communicate with insurance companies and legal teams
- Determine liability
- Calculate your current and future losses
- Research and determine regulation violations
- Negotiate on your behalf
- File a lawsuit and represent you in court if necessary
Have you recently been injured in a truck accident in Kansas City, MO? If so, please do not hesitate to reach out to a truck accident lawyer from Kansas City Accident Injury Attorneys at your earliest convenience. As Kansas City’s Favorite Law Firm, we have spent many years guiding truck accident victims through the unique challenges and complexities of their cases, and we are more than glad to do the same for you. Call our office or submit our contact form to schedule your free case review today. We welcome you to visit our offices in Lee’s Summit, Parkville and St. Joseph (MO); Olathe, Kansas City, and Overland Park (KS) anytime. You may also schedule an appointment at our other convenient office locations.
Kansas City personal injury attorney James Roswold of Kansas City Accident Injury Attorneys handles cases dealing with victims of personal injury, medical negligence, wrongful death, workers compensation, nursing home negligence, premises liability, product liability, car accident, truck accident and motorcycle accident cases.