By: Joshua Finley
When you’re involved in a traffic accident, you may think it won’t matter whether the other vehicle was a car or truck. In reality, the vehicle type can have a big impact on your injury case. Here are some ways car accidents are handled differently from truck accidents and how they will affect you.
Car Accident Law vs. Truck Accident Law
Collisions involving passenger vehicles are handled according to the rules and regulations outlined in the car accident laws of the state where the accident occurred and/or the parties’ primary residences. These laws cover traffic statutes, insurance requirements, and the legal steps involved in collecting compensation.
For instance, Florida is a no-fault state that requires drivers to file claims with their auto insurance providers rather than pursue compensation from the other parties. While this means you don’t have to prove who was at fault to get paid, it can make it difficult to get fully paid if your damages exceed your policy limits.
Accidents involving commercial vehicles are subjected to truck accident laws, which add another layer of complexity to the situation because these laws include federal mandates that regulate commercial drivers and vehicles.
Truck drivers are required to take a 30-minute break every 8 hours to minimize the risk of accidents caused by driver fatigue, for example. These breaks must be logged, but you’ll typically need the help of a lawyer to make the company turn over their records.
How They Are Handled Differently
Car and truck accidents are handled differently in a couple of ways. First, establishing liability is much more complicated in truck cases than ones involving passenger vehicles. With cars, liability can usually be assigned to the drivers, since the common cause of collisions are driver errors.
Other parties may be included only if they were involved in some way. The government may be included if the accident was caused by a city, state, or federal employee or the result of an issue the government was responsible for (e.g. malfunctioning traffic light), for instance.
On the other hand, liability in truck cases can be applied to multiple parties beyond the driver. The trucking company, truck maintenance facility, the company who owns the cargo, the cargo loading facility, and the truck manufacturer, all be held potentially responsible for the accident. As you can imagine, litigating a case where there are so many possible defendants takes time and may increase how long it takes for you to get paid.
Another way car and truck accidents differ is the amount of compensation you’re likely to receive. The minimum insurance limits on trucks tend to be much higher than those for cars because trucks tend to cause more damage to victims when involved in an accident.
Additionally, just because the case involves more defendants doesn’t mean you’ll automatically get more money. The money you are awarded will be split between all liable parties who will each be ordered to pay a percentage of the full amount based on how much their actions contributed to the collision.
Whether you are involved in a car accident or truck accident, it’s important to get help with your claim. For assistance with your case, contact a local vehicle accident attorney.
Disclaimer: This article is for informational purposes only and should not be considered legal advice. Always consult with a qualified attorney for advice specific to your situation and jurisdiction. Information in this article may not reflect the latest legal standards or regulations, and no responsibility is taken for its accuracy or completeness.
Published by: Annie P.
