6 Ways Tractor Trailer Crashes are Different than Car Crashes
Having handled vehicle accident cases for several years as an attorney, I’ve seen firsthand that there are several reasons why tractor-trailer crashes are different than collisions involving standard passenger cars. For those who have experienced the harrowing consequences of a tractor-trailer crash and are seeking legal representation, it is crucial to comprehend the distinctive features that differentiate these incidents from typical car accidents. Here are six things to keep in mind if you’ve been in a crash involving a tractor trailer.
- Size Differences Between Trucks and Cars:
One of the most glaring distinctions lies in the sheer size and weight of tractor-trailers compared to regular cars. The immense mass of these commercial vehicles means that collisions involving them often result in more severe injuries and property damage. That is because fully loaded tractor trailers can weigh as much as 80,000 pounds, which is exponentially heavier than the thousands of pounds most passenger vehicles weigh. In addition to weight, trucks are much bigger and, as a result, handle differently than passenger cars. Understanding these and other fundamental distinctions are critically important when establishing liability and seeking appropriate compensation.
- Complexity of Investigation:
For a legal consultation with a personal injury lawyer, call 434-817-3100
Tractor-trailer accidents require a much deeper level of investigation due to the multitude of factors involved. These may include the truck driver’s behavior, whether the truck driver was qualified to be driving, the condition of the vehicle and whether it had any defects that might have slipped by an inspection, adherence to safety regulations, and potential corporate negligence. Each of these different areas are all vital areas to inspect, as it may provide insight into other negligent parties and other potential insurance coverage or assets. A lawyer specializing in tractor-trailer accidents must navigate this complexity to build a compelling case on behalf of the injured party and to find all possible insurance coverage.
- Regulatory Compliance:
Unlike individual drivers of passenger cars, commercial trucking companies must follow a comprehensive set of federal and state regulations. These regulations are called the Federal Motor Carrier Safety Regulations. These regulations cover areas such as driver hours of service, vehicle maintenance, driver qualifications, required knowledge and driving skills for truck drivers, certain requirements for drivers in hazardous weather and when fatigued or ill, emergency operations, and cargo securement. Violations of these regulations can significantly impact the outcome of a legal case, especially in states like Virginia that follow the harsh doctrine of contributory negligence. This makes it imperative for an attorney to thoroughly examine the trucking company’s compliance history and whether a violation of regulations contributed to the crash in question.
- Insurance Dynamics:
Tractor-trailer accidents often involve multiple insurance policies, including those of the truck driver, the trucking company, and potentially other third parties. In addition, many trucking companies and their partner companies have multiple insurance “towers” where excess or umbrella liability insurance policies can be stacked to add to the total amount of available insurance coverage. Navigating this complex web of insurance dynamics requires legal expertise to ensure that the injured party receives fair compensation from all applicable sources.
- Driver Fatigue and Distraction:
Long hours on the road can lead to driver fatigue, a major contributor to tractor-trailer accidents. The federal regulations have hours of service regulations that impact how many hours a driver can safely drive in a day and over the course of several days. In addition, the nature of the job can expose truck drivers to distractions such as communication devices and navigation systems. Proving the role of driver fatigue or distraction requires a skilled attorney who can investigate the driver’s history and working conditions, particularly whether the driver followed hours of service requirements.
- Black Box and Telematics Data:
Click to contact our personal injury lawyers today
Commercial trucks are often equipped with event data recorders, commonly known as black boxes, which capture crucial information leading up to an accident. The data can include a deceleration report that shows the truck’s speed in the moments leading up to the crash. It can also show when the brakes were applied in relation to the collision. Extracting and analyzing this data can provide invaluable insights into the circumstances surrounding a tractor-trailer crash.
In addition to black box data, many modern trucks are also equipped with sophisticated telematics devices and systems that gather information about the trip in question. These systems oftentimes have cameras on the inside and outside of the truck, giving a view of the crash and the moments leading up to it. A lawyer experienced in handling these cases understands the importance of securing and interpreting black box and telematics data.
In addition to gathering data, these telematics systems might also include collision avoidance and collision mitigation technology. If the truck was equipped with these systems but they failed to prevent a collision, there could be a potential products liability action against the truck and/or telematics manufacturers.
Conclusion:
Complete a Case Evaluation form now
For individuals who have suffered injuries in a tractor-trailer crash, seeking legal representation from an attorney experienced in the complexities of these incidents is incredibly important. The unique characteristics of tractor-trailer accidents demand a thorough understanding of regulations, insurance complexities, and the technical aspects of these vehicles. By choosing a lawyer with expertise in this specialized field, victims can enhance their chances of obtaining rightful compensation and holding responsible parties accountable for the profound impact of a tractor-trailer crash.
If you or a loved one was injured or worse in a crash involving an 18-wheeler, please call experienced Virginia Truck Accident Lawyer Robert “Bob” Byrne, Jr.
Bob is the only lawyer in Virginia who has received the distinction of being Board Certified in Truck Accident Law by the National Board of Trial Advocacy. It took several years of hard work for Bob to achieve this distinction. He had to pass a mini bar examination focused on trucking law and tractor trailer regulations. He had to demonstrate vast experience handling virtually all aspects of truck crash cases. And he had to pass a peer-review process where other lawyers and judges vouched that he had the experience, expertise, and ethical standards required to be a board certified lawyer.
Bob has extensive experience handling complex trucking claims in both state and federal court. Call Bob today to set up a consultation in a truck accident case.
Call 434-817-3100 or complete a Case Evaluation form
