Why Truck Accident Cases Are More Complicated

Proving fault in an accident and proving the injuries suffered are essential to every motor vehicle injury claim. These questions become far more complicated for an accident involving a large truck. The size and weight of these vehicles, the greater harm they can cause and the multiplicity of parties involved all add to the complexity of truck accident cases.

Here are the major factors that make truck accident litigation far more involved than typical car crash cases:

• Severity of injuries — Commercial trucks are extremely heavy, which greatly increases the force of impact with other vehicles in a collision. The occupants of a car or SUV hit by a tractor-trailer or even a box truck can suffer traumatic brain injuries, spinal cord injuries and other catastrophic harm with long-term consequences.
• Multiple parties and attorneys — Potentially liable parties include the truck driver, the trucking company that employs him or her, the truck’s owner, the manufacturer of the truck or its components, the shipper/loader of the cargo and any maintenance or repair providers. Each party will be represented by their own attorney, which also complicates the case.
• Higher insurance stakes — Trucking companies typically have substantial insurance coverage to cover accidents. In light of the potentially high payouts on claims, insurers try to minimize exposure or shift blame to other parties, including the injured victim. These other parties also have their own insurers, adding to the complexity of the case.
• Regulatory compliance issues — The trucking industry is heavily regulated by federal and state authorities. There are rules on driver testing for drugs and alcohol, limited hours of service, mandatory rest periods and vehicle maintenance and weight limits. The rules also require drivers to keep accurate logs. Violations of regulations can bear significantly on liability. 
• Evidence preservation — Key evidence in a truck accident case may include dash-cam footage, maintenance records, driver logs and eyewitness testimony. Plaintiffs’ attorneys need to act promptly to secure and document this evidence before it is lost or possibly tampered with. 
• “Black box” data — Many commercial trucks are equipped with electronic control modules, commonly called black boxes, which record data about the truck’s operation, including speed, braking and engine performance. This can be vital in determining accident causation. Analyzing this information can be difficult and usually requires experts.

Trucking companies and their insurers have deep resources and legal teams to protect their interests. They employ aggressive tactics to avoid liability. An injured victim needs an equally zealous and skilled truck accident attorney to counter this opposition.

For more than 70 years, Feinberg & Alban PC has helped victims of commercial truck accidents throughout Greater Boston. Call us today at 617-232-5950 or contact us online to schedule a free consultation. If your injuries prevent you from visiting us, we can come to you.