The Difference Between Commercial Truck and Passenger Vehicle Accident Lawsuits
Our law firm fights to hold negligent parties accountable and protect your rights
The size, weight, and regulations governing trucks create legal distinctions that affect liability, insurance coverage, and potential settlements. In Texas, knowing these differences can impact the outcome of your case, especially when dealing with insurance companies and multiple liable parties.
Having a skilled Fort Worth truck accident lawyer on your side can help you level the playing field against negligent truck drivers, trucking companies, and their insurance providers.
What makes a commercial truck accident different?
A commercial truck accident involves vehicles used for business purposes, such as 18-wheelers, delivery trucks, or fuel tankers. These trucks must follow both Texas state laws and federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Because of their size and weight, truck crashes often result in severe injuries and extensive property damage, which makes the stakes much higher than in passenger vehicle accidents.
Trucking accidents are also more complicated due to the parties involved. Liability can extend beyond the driver to the trucking company, cargo loaders, and even manufacturers if faulty equipment contributed to the crash.
What are the common types of truck accidents?
The most common types of truck accidents we see in Texas include:
- Jackknife accidents: This occurs when a truck’s trailer swings out to form a 90-degree angle with the cab, often caused by sudden braking or slippery roads.
- Rollover accidents: Trucks can roll over due to speeding, sharp turns, uneven cargo loads, or sudden maneuvers.
- Rear-end collisions: Due to a truck's weight and longer stopping distances, rear-end accidents happen when a truck crashes into the vehicle in front, often at intersections or during traffic slowdowns.
- T-bone or side-impact collisions: These occur when a truck hits the side of another vehicle, usually at intersections.
- Underride accidents: In these accidents, smaller vehicles slide underneath the trailer of a truck.
- Blind spot (no-zone) accidents: Trucks have large blind spots on all sides, and if drivers fail to see smaller vehicles in these areas, they can cause collisions while merging or changing lanes.
- Head-on collisions: These are often catastrophic and occur when a truck crosses into oncoming traffic, usually due to driver fatigue, intoxication, or distracted driving.
- Lost load or cargo spills: Improperly secured cargo can fall onto the road and create hazards for other drivers or cause collisions as vehicles swerve to avoid debris.
- Wide turn accidents: Trucks require more space to make right turns, and they may swing wide into other lanes, striking vehicles or causing side-impact accidents.
- Brake failure accidents: Poorly maintained brakes or mechanical failures can prevent a truck from stopping in time, which can lead to dangerous crashes at intersections or in heavy traffic.
Who can be held liable in each type of accident lawsuit?
Passenger vehicle accident lawsuits typically assign fault to the driver or drivers involved in the crash. If the driver is found responsible, their personal auto insurance policy covers the damages. However, commercial truck accident lawsuits may involve several different entities. Liability can fall on the truck driver, the trucking company through vicarious liability, maintenance providers, cargo loaders, or even the truck manufacturer.
Trucking companies can also face direct liability if they neglected proper maintenance, failed to enforce safety protocols, or allowed drivers to violate federal hours of service rules that limit driving hours. In these cases, an experienced attorney can help determine which parties should be held accountable.
How do insurance policies differ between passenger vehicles and trucks?
Insurance coverage for passenger vehicle accidents tends to be more straightforward and involves personal auto policies with relatively low limits. However, commercial truck drivers must carry much higher insurance coverage due to the potential for catastrophic damage. For example, trucks involved in interstate commerce must maintain a minimum of $750,000 in liability coverage, though many carry policies well above that amount.
Additionally, truck accidents may involve multiple insurance providers. The trucking company’s policy, the driver's insurance, and cargo-related policies may all come into play. This makes dealing with truck accident lawsuits more challenging, especially when insurers try to limit payouts by passing off liability.
What types of evidence are needed for each lawsuit?
Evidence collection is important in both truck and passenger vehicle accident lawsuits, but truck cases require more in-depth investigation. For passenger vehicle accidents, police reports, photographs, and witness statements are the primary forms of evidence.
In truck accidents, additional evidence such as black box data (electronic logging devices), driver logs, GPS tracking, and maintenance records becomes a key aspect of your claim. FMCSA compliance reports may also shed light on whether the trucking company was following federal regulations. A Texas attorney experienced in truck accident lawsuits knows how to get this evidence quickly, which can be a major factor in determining liability.
What challenges are unique to truck accident lawsuits?
One significant challenge in truck accident lawsuits is the involvement of powerful trucking companies and their insurance providers, who often employ aggressive legal strategies to minimize compensation. These companies may attempt to shift blame or argue that your injuries were caused by other factors, such as pre-existing conditions.
Comparative fault rules in Texas also add another layer of difficulty. Under Texas law, if you’re found more than 50% at fault for a crash involving a truck, you might be barred from recovering compensation. Trucking companies often try to exploit this by blaming the other driver for the crash, so it’s important to gather strong evidence to counter these claims.
How do compensation amounts differ between truck and passenger vehicle accidents?
The larger size and higher speed of commercial trucks often result in more serious injuries and higher medical costs. As a result, truck accident lawsuits tend to involve larger settlements or verdicts than those involving passenger vehicles.
In a passenger vehicle accident lawsuit, compensation typically covers medical expenses, lost wages, property damage, and pain and suffering. However, in truck accident cases, victims are more likely to recover compensation for future medical treatments, long-term rehabilitation, and diminished earning capacity.
Take a stand after your truck accident
If you’ve been injured in a truck accident in Fort Worth, Dallas, or anywhere across Texas, you don’t have to face the trucking companies or insurance adjusters alone. Large trucking companies act quickly to protect their interests after a crash, sending investigators to the scene and working to limit the compensation you deserve. Don’t let them get the upper hand.
Coby L. Wooten, Attorney at Law, P.C. is here to fight for your rights and help you pursue the full compensation you need to recover. We have the experience and determination to take on trucking companies and demand accountability. We’ll thoroughly investigate your case and collect key evidence to build a strong legal claim.
Our top truck accident case results include:
- A $2,522,458.07 settlement for a couple severely injured in a truck accident.
- A $1,800,000 settlement for a client who suffered head injury from a truck rear-end crash.
- A $1,155,000 settlement for a client killed in a semi-truck rear-end collision.
Contact us online or call us today for a free consultation. We’ll meet with you wherever is most convenient – at your home, in the hospital, or in our Fort Worth office. Let us help you get the justice you deserve.
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