What Are The Unique Challenges in Truck Accident Litigation?

Truck accidents are probably the most destructive of all traffic accidents, because trucks can weigh up to 80,000 pounds fully loaded (more with special permits). That means a greater likelihood of catastrophic injury and higher stakes for victims. It means attorneys must gather more evidence and perhaps involve more parties. And whether your accident occurred in Ohio or Kentucky, state law will matter.

Understanding the differences between car accident and truck accident cases

Legally, car accidents and truck accidents are quite different from each other, because:

• The commercial trucking industry is far more regulated than private automobile traffic. Trucks are subject to both federal trucking regulations and state-specific rules. Even driving from Ohio into Kentucky subjects a truck driver to significantly different state rules, although federal rules remain the same.
• A truck driver must carry a valid commercial driver’s license (CDL), which is more difficult to obtain than a regular state drivers license. Training standards are particularly rigorous for CDL applicants.
• Truck drivers must pay higher insurance premiums and, consequently, their insurance coverage limits are considerably higher.
• Because truck accident claims tend to be large, and because truck drivers are far better insured than automobile drivers, you can expect more aggressive defense strategies from trucking insurance companies.
• Wrongful death cases tend to be far more common when a commercial truck is involved, due to the sheer mass and momentum of a truck.

These are the main differences between car accidents and truck accidents, but definitely not the only ones.

Commercial trucking insurance: the specifics

Below is a list of federal liability insurance minimal coverage standards for commercial trucks:

• Trucks under 10,000 pounds with non-hazardous cargo: $300,000.
• Trucks over 10,000 pounds with non-hazardous cargo: $750,000.
• For-hire truckers and private carriers carrying oil: $1 million
• For-hire truckers and private carriers carrying explosives or hazardous materials: $5 million.

In other words, it’s unlikely that a commercial trucker will lack insurance coverage to pay your claim.

Trucking regulations and negligence per se

“Negligence per se” is a legal standard that allows you to prove negligence if the defendant violated a safety law or regulation. This is relatively easy to do if the defendant is a commercial trucker, because commercial trucking regulations govern almost every aspect of a trucker’s job, including:

• Hours of sleep
• Vehicle maintenance and inspections
• Driver qualifications and licensing
• Cargo loading and securement
• Alcohol and drug testing compliance

Hundreds of more regulations apply at the federal level, and even more at the state level. If you can prove that the trucker violated a safety regulation, you can prove that they were negligent. This isn’t enough to win your claim all by itself. You also have to prove that the regulatory violation actually caused the accident. Once you do that much, you have usually won the case and you can go ahead and claim damages.

Who to claim against? Multiple parties and overlapping liability

Your first instinct will be to look to the truck driver (or, rather, their insurance company) to demand compensation. The truck driver is not the only possible party, however, and they might not even be an appropriate party at all., Other possible parties include:

• The trucking company: Trucking companies are generally vicariously liable if the driver is an employee. Independent contractors are different, but trucking companies may still be liable under federal motor carrier regulations or for negligent hiring and supervision. So, you could potentially file a claim against a trucking company for its own negligence in, say, hiring a driver with two previous DUIs.
• Cargo loaders: May be liable if improperly loaded cargo caused the accident.
• Maintenance contractors: In cases of improper maintenance causing the accident.
• A truck component manufacturer: When a defectively designed or manufactured truck part malfunctioned and caused the accident.
• An automobile driver: In scenarios where, say, an automobile driver caused the accident by swerving into the truck driver’s path, causing it to swerve into your path.

You will need to determine who is responsible under state law. In Ohio, the statute of limitations is generally two years for personal injury or wrongful death claims. In Kentucky, personal injury claims usually must be filed within one year, while wrongful death claims must be filed within one year of the personal representative’s appointment (but no later than two years from death).

Complex evidence unique to truck accident cases

Truck accident claims can be difficult to prove. Some of the evidence that truck accident lawyers use more than car accident lawyers includes:

• The truck’s black box (event data recorder) downloads and GPS tracking data. These can reveal all sorts of technical details of the accident.
• Driver logs, maintenance records, and inspection reports.
• Cargo weight and load securement documentation.

These items represent only the tip of the iceberg of possible truck accident evidence.

Wrongful death claims

Wrongful death claims are more frequent in trucking accidents than they are in automobile accidents, for obvious reasons. Wrongful death claims are subject to a different set of damages claims (funeral and burial expenses, for example) than personal injury claims. In both Ohio and Kentucky, it is the deceased victim’s estate executor who must usually bring the claim. You can win a wrongful death claim even if the defendant was acquitted in criminal court.

Tactics trucking companies use to protect themselves

Trucking companies tend to have a lot of legal resources, and they often send rapid response teams to the crash site within hours of the accident. They may also delay turning over critical evidence. In fact, you might have to file a formal lawsuit and invoke pretrial discovery to have the court compel the trucking company to turn over the evidence you need (black box data, for example).

Protect your rights before they disappear forever

Here at Crandall & Pera Law, LLC, we’re ready to fight relentlessly to protect your right to receive full compensation. Telephone us or contact us online to schedule a free initial consultation. The sooner you act, the better your position will be.