Being involved in a motor vehicle accident involving a truck or car can be highly traumatizing for victims, often leaving them with serious physical and emotional injuries. If you have been harmed in a truck or car accident, it is important that you have the knowledge to file a strong personal injury claim that will allow you to pursue the justice you are owed. When filing your personal injury claim, it is important that you understand the important difference between car and truck accident cases. Consulting an experienced personal injury attorney after an accident is crucial for investigating claims and accessing essential evidence, which can significantly impact the outcome of your case.
Eberst Law is a Florida law firm helping clients who have been harmed in car and truck accidents pursue the justice they deserve. Our team of trusted personal injury lawyers understands that the legal process can seem complex and overwhelming to our clients. However, you do not need to go through the process of pursuing justice for your car or truck accident alone. We are dedicated to ensuring our clients are able to build a strong personal injury claim and pursue the compensation they are owed by helping them understand the key difference between truck and car accident claims.
Key Differences Between Car and Truck Accident Claims in Florida
Car and truck accidents differ significantly in terms of their causes, consequences, and legal implications. Understanding these differences is crucial for accident victims to pursue justice effectively. In Florida, car accidents and truck accidents are both considered personal injury claims, but they have distinct characteristics that set them apart.
One of the primary differences between car and truck accident claims is the complexity of the claims. Truck accident claims often involve multiple parties, including the truck driver, trucking company, and other vehicles involved. This complexity can make it challenging to determine fault and assign liability. In contrast, car accident claims typically involve fewer parties and are generally less complex.
Another key difference is the severity of injuries. Truck accidents often result in more severe injuries and fatalities due to the size and weight of commercial trucks. The impact of a collision involving a heavy truck can cause catastrophic damage to smaller vehicles and their occupants. In contrast, car accidents typically result in less severe injuries.
The investigation process for truck accidents is also more extensive than for car accidents. Truck accident lawyers may employ the help of accident reconstructionists, investigators, medical experts, and other professionals to gather evidence and build a strong case. In contrast, car accident claims often do not require such extensive investigations.
Key Difference Between Car and Truck Accident Claims in Florida
While car accidents and truck accidents are both considered personal injury claims, these two types of accidents have key differences when it comes to the claims filed by accident victims.
The severity of injuries in a commercial truck accident is often greater due to the significant size and weight of these vehicles. These differences include the following:
Truck Accidents Often Leave Victims With More Serious Injuries
Due to the sheer size and mass of commercial trucks, truck accident victims are often left with catastrophic injuries more often than those involved in car accidents. Truck drivers face unique challenges, such as the size of their vehicles, which can lead to more severe injuries in accidents. Catastrophic injuries may include traumatic brain injuries, paralysis, or even death in extreme cases. Those who suffer catastrophic injuries often result in more costly expenses like ongoing medical care or surgeries.
Car Accident Claims Are Often Less Complex Than Those Involving Trucks
Claims involving commercial trucks often involve several parties, making the legal process much more complex. Specific federal regulations apply to commercial truck drivers, affecting their liability and insurance requirements. These regulations impose stricter liability obligations and higher insurance coverage, which can lead to more substantial compensation for accident victims. A good personal injury lawyer will understand that aside from the truck driver, the trucking company and truck manufacturer may also hold partial liability for the losses you have suffered. Car accidents, on the other hand, are often between two parties, one being the liable party whose negligence led to the crash.
Truck Accidents Have a More Extensive Investigation Process
Truck accident cases often require a more extensive investigation than car accident claims. In addition to evidence like photographs, video footage, accident reports, and witness statements, a Florida personal injury lawyer working on a truck accident claim may also obtain the following key evidence:
- Maintenance records
- The truck driver’s training
- The truck driver’s employment records
- The driver’s medical records
- The driver’s log
- Results of drug and alcohol testing
- The black box recorder
- Mobile phone records from the parties involved in the crash
- Truck interior camera footage
It is crucial to hire a truck accident attorney who is experienced in handling complex claims related to commercial truck accidents.
Truck accident lawyers may employ the help of accident reconstructionists, investigators, medical experts, and other professionals who can provide expert witness testimony. However, in car accident claims, the services of expert witnesses may not be necessary. Your lawyer will help guide you through each step of the process and ensure you have all the evidence necessary to help you get justice for your truck accident or car crash claim.
Causes of Car and Truck Accidents
Car accidents are often caused by human error, including driver distraction, speeding, and reckless driving. Mechanical failures or road conditions may also contribute to car accidents. In contrast, truck accidents can involve human error, mechanical failures, and road conditions, as well as additional risks specific to large commercial vehicles. These risks include driver fatigue, inadequate training, and vehicle maintenance issues.
Truck accidents can also be caused by the trucking company’s policies and procedures, such as unrealistic delivery schedules or inadequate vehicle maintenance. Additionally, the sheer size of trucks makes it harder for drivers to stop quickly or make turns, increasing the risk of accidents.
Liability and Legal Issues in Car and Truck Accidents
Liability in car accidents is typically straightforward, with one or more drivers found at fault. In contrast, truck accidents introduce additional factors that can complicate the determination of liability. Multiple parties may be liable in truck accidents, including the truck driver, trucking company, and other vehicles involved.
Determining fault in a truck accident requires a thorough investigation, which may involve expert witnesses, review of maintenance records, and analysis of driving logs and other documentation. The claims process in truck accident cases can be lengthy and complex, with multiple insurers attempting to pin fault on each other’s insured.
Insurance Coverage and Compensation for Car and Truck Accidents
The insurance coverage available for car and truck accidents differs significantly. Commercial trucks are held to federal regulations requiring a minimum of $750,000 in insurance coverage. Some businesses may require even higher insurance coverage, up to $1 million or more. In contrast, passenger cars typically have lower insurance coverage limits.
Truck accident cases often involve multiple insurers, including the insurer for the truck driver, trucking company, and other parties. The claims process in truck accident cases can be fiercely contested, with multiple insurers attempting to limit liability. Higher insurance coverage for trucking companies means more compensation for victims of accidents, but also means that insurance companies will fight harder to limit liability.
FMCSA Regulations and Their Impact on Truck Accidents
Commercial trucking is governed by a strict set of federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations establish rules regarding hours of service, vehicle maintenance, and driver qualifications. Violations of FMCSA regulations can create additional layers of complexity in investigating and litigating truck accident cases.
Trucking companies and drivers may be held liable for accidents if they violate FMCSA regulations. The FMCSA regulates aspects of commercial trucking, including hours of service, vehicle maintenance, driver qualifications, safety inspections, and more. Understanding these regulations is crucial for truck accident victims to pursue justice effectively.
Get Help With Your Truck or Car Accident Claim From Eberst Law Can Help
At Eberst Law, we understand the complexities and emotional toll of being involved in a car or truck accident. Our team of experienced attorneys is here to guide you through the legal process, ensuring you understand the key differences between car and truck accident claims. We are committed to helping you build a strong case, whether your accident involves intricate investigations or multiple liable parties. Consulting an experienced personal injury attorney is crucial for your car or truck accident claim to ensure timely legal assistance and access to essential evidence.
Choosing Eberst Law means benefiting from our dedication to clear communication and timely support. We have a reputation for being compassionate and effective, and we are known by insurance companies for our determination. If you need assistance with your car or truck accident claim, contact us today at (772) 225-4900 or through our contact form.
