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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:

• • 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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TRAFFIC VIOLATIONS

Our Law Firm has a wealth of experience in providing legal advice to motorists charged with a wide range of traffic offenses, including suspended license, DUI, and speeding tickets. We strive to offer professionally researched information that you can count on to save you from spending countless hours of your precious time in court and, more importantly, hundreds of dollars in fines and raised insurance premiums. Speeding tickets in the advanced technological era we live in, there’s little or no chance to cry foul when you are caught speeding. Police officers are equipped with top-of-the-line radar and laser guns to catch speeders and use cameras to enforce the 20 MPH speed limit near elementary and middle schools. Furthermore, police are also equipped with helicopters that they use to track speeding motorists from the sky. The best tip for avoiding a speeding ticket is to avoid speeding. Speeding also contributes to a high number of fatal crashes and deaths each year, so driving within the speed limit can help prevent you from adding to these numbers.

DUI & DWI
DUI (driving under the influence) & DWI (driving while intoxicated) – are two acronyms that are often confused with each other, most notably because there is no national definition of either violation. Many states will punish these offenses differently, given that the two crimes often refer to the same but different driving behaviors. DUI is also referred to as DWI and is a person convicted of driving under the influence of alcohol when caught driving with a blood alcohol of .08 percent or higher. DUI or DWI charges are not just limited to alcohol but also recreational drugs and driving when your prescription drugs impair your abilities. Both are serious offenses governed by a few rules and procedures in the Municipal Court. It gets a bit trickier, given that most courts in the state of Texas take over a few weeks to file your case, whereas some cities require you to appear in court within the first 48 hours. Worse, prosecutors always seek a considerably high bail and several pretrial release conditions on every DWI or DUI case.

Driving without Insurance
Penalties when driving without insurance can be steep and vary depending on whether you are going with no insurance or driving without insurance in the event of an accident. In Texas, you must have at least $30,000 in liability coverage for each injured person, up to $60,000 per accident, and $25,000 for property damage per accident. This basic coverage is called 30/60/25. Take note that the same penalties are applied as driving without insurance, even if you have some range but fail to meet the aforementioned coverage requirements. You may face license suspension if you do not have your proof of insurance at the time of the collision. But on a brighter note, you have sixty days from the accident to provide insurance documentation to avoid license suspension.

Car Accidents
The state keeps track of the number of vehicle accidents in Texas. If you have been injured or involved in a car accident that has tragically taken the life of your loved one, it is essential to get in touch with an experienced car accident attorney to learn about your rights to compensation.

Red Light Violation
Some cities in Texas are equipped with red-light cameras that have caught thousands of people running red lights. When you run a red light, the city is kind enough to send you a ticket in the mail, which is the same amount you would pay if you ran a red light in front of a police officer. However, there is often some debate about traffic-light infractions because the cameras photograph the vehicle’s license plates and can’t determine the person behind the wheel. If you feel you have been fined incorrectly, it is best to speak with an attorney to see if the charges can be dropped off your record and have the traffic ticket dismissed.

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Personal Injury Lawyer in Texas

Accidents and injuries are frightening and terrible for all those involved.  When another person is at fault, it can be even more devastating, as the incident could have been avoided had the person at fault been more responsible, careful, or less negligent. These cases can create serious financial and personal losses for the individual and the family involved and can result in the loss of income, loss of abilities, and loss of quality of life.  In the most serious of cases, the tragic loss of a treasured loved one is the result.  These cases require the assistance of a personal injury attorney.  At our Law Office, the legal team is compassionate and understanding, and ready to fight on behalf of the injured and their families. 

Injured in an Accident in Texas?

The legal team at our law office understands the emotional distress and financial problems that come with serious injury accidents and can take your case in hand to resolve the matter by seeking the maximum compensation allowed by law in any personal injury case.  The personal injury attorney at the firm can assist with all types of personal injury cases, including the following: 

The legal team at the firm is dedicated to assisting the injured and their families to resolve the financial matters surrounding the injury accident or wrongful death case.   The personal injury lawyer at the firm will carefully review the circumstances of the case and develop a personal injury claim on behalf of the injured or the bereaved family, depending upon the circumstances surrounding the case.  The legal team will fight relentlessly for fair and full compensation for damages and is prepared to go to court with the case if necessary.  The firm can refer you to the best medical experts available if needed.  The lawyer stays personally involved with you and your family from the beginning of the case and through to its conclusion, whether at trial or a settlement, and will fight for your right to fair compensation from start to finish.

There are many types of damages that could be claimed, depending upon the degree of injury and other damages that have been suffered by the injured and their families.  There is the possibility that you can claim general damages for your pain and suffering, emotional distress, disability, permanent disfigurement, scarring, loss of enjoyment of life, wrongful death, loss of income, future financial damages, and many others may be possible.  With the assistance of a personal injury lawyer from the firm, how to approach the case will be determined and a strong and relentless effort on your behalf will be immediately initiated.  

In some cases, an out-of-court settlement could be the best solution.  Negotiating on the client’s behalf is of utmost concern and your case will always be a priority.  You will be kept apprised of the progress of the case every step of the way.  The legal team at our law office cares about your future and is ready to fight on your behalf.