What Are the Key Differences Between a Truck Accident Lawsuit and a Car Accident Lawsuit

If you’ve ever been in a car accident, then you understand the process of personal injury lawsuits and how to file a claim against another driver’s auto insurance policy. Truck accident lawsuits refer only to collisions involving commercial vehicles but not accidents involving pickup trucks. Such lawsuits are filed on commercial auto insurance liability policies and target large companies as opposed to individuals. In this article, the Oakland, CA, truck accident attorneys at Venardi Zurada will describe the key differences between truck accident lawsuits and car accident lawsuits.

The size and severity of the accidents

One of the most obvious differences between cars and trucks is the sheer size and weight of commercial trucks compared to passenger vehicles. An 18-wheeler can weigh up to 80,000 pounds when fully loaded, while the average car weighs only around 3,000 pounds. The disparity means that truck accidents are generally more likely to cause catastrophic injuries and fatalities than your average car accident. As a result, the potential value of claims filed against commercial trucking companies tends to be significantly higher.

Multiple parties may be liable in a truck accident claim

In your typical car accident, the liability tends to fall on one or more drivers. When it comes to truck accidents, however, liability can be much more complicated. Beyond just the truck driver, responsible parties can include:

• The trucking company (negligent hiring, training, or supervision)
• Maintenance providers (if poor upkeep on the vehicle contributed to the crash)
• Cargo loaders (if improper loading contributed to the crash)
• Manufacturers (if defective parts played a role)

Determining liability in a truck accident lawsuit often requires a thorough investigation into each party that interacted with the truck.

Federal and state regulations

Car accidents are governed by state traffic laws. Truck accidents, on the other hand, are subject to both state laws and extensive federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules cover qualifications for drivers, hours-of-service limits, maintenance schedules, and record-keeping requirements. Violations of these regulations can be extremely powerful evidence in a personal injury lawsuit filed against a trucking company and its driver.

Types of evidence available

In a car accident claim, evidence generally comes from police reports, witness statements, and photographs. When it comes to truck accident cases, there is generally a broad and more technical range of evidence. This can include:

• Electronic logging devices (ELDs) that track driving hours.
• Black box data that records speed, braking, and other performance metrics.
• Driver logs that show rest breaks and driving time.
• Inspection and maintenance records that could indicate some defect with the truck.

It’s important to your personal injury case that your attorney secures this evidence quickly. Trucking companies may only retain specific records for a limited period of time.

Talk to an Oakland, CA, Truck Accident Lawyer Today 

Venardi Zurada represents the interests of Oakland, CA, residents in lawsuits filed against negligent trucking companies. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.