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Why Are Truck Accident Lawsuits So Complicated?
Truck accidents can be catastrophic, often leading to severe injuries, extensive property damage, and even fatalities. Unlike standard car accident claims, truck accident lawsuits involve multiple layers of complexity, including federal regulations, multiple liable parties, and insurance challenges. Victims pursuing legal action must navigate these aspects to maximize chances of receiving fair compensation. Below, we explore why many truck accident lawsuits are so complicated. More about our truck accident lawyers in Washington D.C. here.
Insurance Companies Fight to Minimize Payouts
If a truck driver is found liable for an accident while on duty, the company employing the driver will most likely share liability for the damages.
As mandated by the Federal Motor Carrier Safety Administration (FMCSA), trucking companies carry liability insurance policies ranging from 750,000 USD to 5 million USD depending on the cargo. More often than not, victims can expect that the trucking company and its insurers will hire very experienced legal teams to minimize a victim’s payout.
The insurers’ lawyers may dispute claims, undervalue damages, or deny liability altogether. In such legal battles, it’s every victim’s best interest to have an experienced legal representative to secure a fair settlement to cover their medical costs, lost wages, future medical expenses, and other damages.
Truck Collisions Involve Additional Federal Regulations
Driving commercial vehicles is considered a safety-sensitive duty, hence the trucking industry is also regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT) to reduce the chances of accidents. Failure to comply with these regulations can significantly impact liability in a truck accident lawsuit.
For example, if a truck driver exceeds federally mandated driving hours and causes an accident, the trucking company may be held responsible for violating “Hours of service” (HOS) regulations.
Below are some federal regulations that apply to truck drivers:
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- The Hours-of-service (HOS) regulations limit the total time commercial motor vehicle (CMV) drivers can be on duty, including driving hours, and establish mandatory rest periods. These rules are designed to prevent driver fatigue and keep them alert. All drivers operating commercial vehicles that weigh 10,001 pounds (or more), or vehicles carrying hazardous materials.
- Drug & alcohol testing: Truck drivers are subject to drug & alcohol testing regulations under FMCSA (49 CFR Part 382) and DOT (49 CFR Part 40). These alcohol and controlled substance testing regulations outline testing procedures, frequency, and substances tested to ensure road safety. The rules apply to commercial driving license (CDL) holders operating commercial motor vehicles (CMVs) on public roads and their employers who must enforce compliance.
- Inspection of cargo, cargo securement devices and systems: Truck drivers must inspect cargo weight distribution and securement devices within the first 50 miles of a trip and make necessary adjustments to prevent shifting or falling loads. Throughout the trip, drivers must recheck and adjust cargo securement when changing duty status and after driving for 3 hours or for 150 miles – whichever comes first. Exceptions apply if the cargo is sealed or loaded in a way that makes inspection impractical.
- Vehicle inspection, repair and maintenance requirements: Trucking companies and equipment providers must regularly inspect, repair, and maintain all vehicles under their control. All parts and accessories must be in good working condition at all times, including the frame, suspension, axles, wheels, and steering. Trucking companies must keep records for each vehicle they operate for at least 30 days, which must include an inspection and maintenance schedule with due dates, and an inspection, repair, and maintenance history with dates and details. These records must be kept for 6 months after the vehicle is no longer in use by the company.
Proving regulatory violations like inspection violations or failure to perform drug tests may require analyzing electronic logs, inspection reports, and maintenance records, all of which can be difficult to obtain.
Truck Drivers Often Share Liability of Third Parties
Unlike standard car accidents, truck crashes often involve multiple parties who may share liability. Potentially responsible entities include:
- Truck drivers (for negligent driving)
- Trucking companies (for unsafe policies or hiring unqualified drivers)
- Cargo loaders (for improperly secured loads)
- Vehicle manufacturers (for defective truck parts)
- Maintenance providers (for faulty repairs or missed inspections)
Each of these parties may have their own legal team and insurance provider, making it difficult to pinpoint responsibility. A thorough investigation and evidence collection is required to determine the role of each party in the accident.
Many truck accident cases fall under pure comparative negligence, where the victim is assigned a percentage of fault. For example, if a driver was speeding when they were hit by a truck that ran a red light, both parties might share responsibility.
Most states in the U.S. follow a modified comparative negligence rule, which reduces compensation based on the victim’s percentage of fault. This means that a plaintiff can seek compensation as long as their share of fault remains below the established threshold.
There are two types of modified comparative negligence:
- 50% Bar Rule: If the plaintiff is found to be 50% or more at fault, they are not eligible to receive any compensation.
- 51% Bar Rule: If the plaintiff is determined to be 51% or more at fault, they are barred from recovering damages.
The District of Columbia, Maryland, North Carolina, Virginia, and Alabama use a different principle: contributory negligence. Under contributory negligence, a plaintiff cannot recover any compensation if they are found even 1% at fault for the accident. This strict rule means that any level of negligence—no matter how small—bars them from receiving damages.
Evidence Collection with Technology and Expert Witnesses
Truck accident claims are complicated due to the extensive evidence collection process, which relies on technology and truck records to establish fault. Expert witnesses are often needed to analyze vehicle behavior, mechanical failures, and injury severity. The complexity of gathering, preserving, and presenting this highly technical evidence makes truck accident claims far more intricate than standard car accident cases.
Several types of records are essential for determining fault in truck accident cases. These include:
- Driver’s Log (Record of Duty Status): Tracks driving hours, rest periods, and overall compliance with federal HOS regulations to prevent fatigue-related accidents.
- Event Data Recorder Data: Captures key technical data moments before, during, and after a crash. It records details such as vehicle speed, braking, steering, seatbelt usage, and airbag deployment to help understand how an accident happened.
- Vehicle Maintenance Records: Helps identify mechanical failures or neglected repairs, which could indicate improper maintenance or violations of safety standards.
- Cargo Loading Documentation: Examines whether the load was properly secured, evenly distributed, and within legal weight limits to determine if shifting cargo contributed to the accident.
- Employment and Training Files: Reviews the trucking company’s hiring practices, driver qualifications, and training programs to ensure compliance with safety regulations and industry standards.
These records play a vital role in establishing liability, uncovering negligence, and strengthening legal claims in truck accident lawsuits. Trucking companies may attempt to withhold or alter this data, making it critical for victims to act quickly to preserve evidence. Legal teams often issue spoliation letters to ensure crucial data is not destroyed.
Expert witnesses play a critical role in truck accident lawsuits by providing testimony and analysis on key aspects of the case, depending on the evidence available. These may include:
- Accident reconstruction specialists – determine the sequence of events leading to the crash
- Truck safety experts – analyze compliance with industry regulations
- Medical professionals – assess the severity of injuries and long-term impacts
- Engineers – examine potential mechanical failures in the truck
Injury Severity and Calculating Long-Term Costs
Truck accident victims often suffer life-altering injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries leading to paralysis
- Severe burns and amputations
- Multiple fractures and internal organ damage
These injuries require long-term medical care, rehabilitation, and adaptive equipment. Calculating long-term costs accurately is essential for securing adequate compensation. Future losses must be estimated based on:
- Medical treatment projections
- Loss of future earnings
- Required home modifications or mobility aids
- Psychological trauma and quality-of-life impact
This aspect of litigation often requires financial and medical experts to project lifetime expenses, ensuring victims do not settle for less than they need.
Truck accident lawsuits are among the most complex personal injury cases due to the involvement of multiple liable parties, federal regulations, insurance challenges, and extensive evidence requirements. By understanding the factors that make these cases complicated, victims can better prepare for the legal process and maximize their chances of securing fair compensation.
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