Truck accident claims differ from standard passenger vehicle collision cases in more ways than victims may realize. From the types of injuries they often cause to the enforced federal restrictions and potentially liable parties, commercial vehicle crash cases can be highly complex. In this guide, a personal injury lawyer in Queens, NY, from Elliot Ifraimoff & Associates, PC, will discuss truck versus car accident laws to help you better understand how large vehicle injury claims work.
Injury Severity: Truck vs. Car Accidents
Truck and passenger vehicle accidents can each cause severe, life-threatening injuries or fatalities, depending on the nature of the accident. With that being said, commercial vehicle collisions often cause more catastrophic injuries and fatalities due to the sheer size, weight, and tipping risks of the trucks involved.
Commercial vehicles weigh more than 10,000 pounds (and sometimes reach 80,000), while passenger cars usually range from 2,500 to 6,000 pounds. This weight differential creates significant risks for passenger vehicle drivers. Commercial trucking accidents often involve cargo rollovers, jackknife collisions, head-on impacts, and more.
Accident victims may face life-altering injuries, such as:
- Lesiones cerebrales traumáticas
- Daños en la médula espinal
- Severe burns, scars, or dismemberment
- Crushing injuries
- And more
According to the Federal Motor Carrier Safety Administration, 5,904 trucks and buses were involved in fatal crashes in 2021, reflecting an 18% increase from the year prior. Injury crashes also increased by 11% in 2021, reaching 117,000. More recent data from the National Safety Council showed that this trend is continuing, with a 43% increase in fatal large truck crashes between 2013 and 2023.
Because truck accident claims may involve catastrophic injuries, victims often benefit from working with experienced attorneys to navigate the claims process. They may be pursuing compensation for tens or hundreds of thousands in medical costs, lost wages, and more.
The Federal Regulations on Commercial Trucks
Commercial and passenger vehicles are subject to the same basic traffic laws. Beyond this, commercial trucks must adhere to various federal regulations covering things like:
- Cargo securement
- Logging requirements
- Service hours
- Safety standards
- Maintenance requirements
- Driver drug and alcohol testing
- And more
When a company or a driver does not comply with these regulations, it can impact case liability, making truck accident claims more complex than standard passenger vehicle collisions.
Potential Liable Parties in Truck and Car Accidents
In a passenger vehicle collision, liable parties may be an involved driver, vehicle manufacturers, maintenance providers, or negligent road maintainers. Commercial truck accident liability can be significantly more complex, as it introduces new variables into the equation. Liable parties might include not just the truck driver but also their company, the vehicle inspector, the team that loaded the cargo, and more.
Let’s look at an example. In a DUI case with passenger vehicles, a drunk driver would typically be held accountable for negligence. In commercial truck accident claims, however, it’s possible that the employer could be held liable (or at least partially liable) for failing to conduct the required drug and alcohol testing or for allowing the driver to continue operating after a failed test.
Multi-State Jurisdiction Complications in Trucking Collisions
Many commercial trucking companies transport goods across the U.S., meaning they may not be based in New York, where the accident happens. Dealing with a truck accident claim with an out-of-state company adds numerous jurisdictional complications. This can affect where you make your claim, which state’s regulations apply, and the applicable insurance rules.
Is the Investigation Process Different After a Truck Accident?
Because truck accident claims often involve significant monetary losses, multiple liable parties, and various regulatory bodies, the investigation process can be more in-depth than in passenger vehicle collisions. Investigations might include:
- Reviewing data from the truck’s black box or Electronic Logging Device
- Hiring accident reconstructionists for professional analysis
- Involving agencies like the Department of Transportation or the FMCSA
While the investigation follows similar steps as any other vehicle collision claim, the process may take significantly longer due to the involvement of various regulatory bodies and the potentially high monetary losses.
What Does a Truck Accident Lawyer Offer?
Truck accident lawyers offer experience and knowledge in trucking regulations, commercial insurance policies, issues with multi-state jurisdictions, and liability assignment in these types of complex collisions. While car accident lawyers may only work with passenger vehicle cases, truck accident attorneys understand everything from cargo securement requirements on commercial vehicles to service hour limitations. They have access to industry connections, allowing them to pull in professional witnesses, such as truck accident reconstructionists, to flesh out cases accordingly.
An attorney can assist with identifying potential liability in your case, collecting evidence, and making your insurance claim. They may negotiate with insurers on your behalf, hire professional witnesses, or assist in determining whether you should escalate the case by filing a lawsuit against a negligent party.
Contact a Truck Accident Attorney in Queens, NY, Today
We trust that the above guide has given you a better understanding of how truck accident claims differ from passenger vehicle accident cases. If you need help determining liability in a truck accident, call Elliot Ifraimoff & Associates, PC, at (718) 205-1010 to speak with an experienced attorney about your case.
Preguntas frecuentes
We understand that you may still have questions about truck accident claims. Find answers to a few common questions below:
How Long Does the Trucking Accident Legal Process Take?
Truck accident claims can take multiple months to over a year to settle, depending on case complexity, available evidence, liable parties, and various other factors.
How Are Truck Accident Claims Different From Car Accident Cases?
Commercial truck accidents differ from passenger vehicle collisions as they have a high risk of catastrophic injuries, and the federal regulations on commercial vehicles add complexity to liability. These accidents may also involve out-of-state companies, and they often require more detailed investigative processes.
Who Is Liable for a Truck Accident?
Liable parties in truck accidents may include any involved driver, the commercial vehicle owner or company, vehicle manufacturers, truck maintenance providers, and more.