Truck vs. Car Accidents: Why the Claims Are So Different

How you pursue financial compensation, and the length that you need to go to do it, depends on the type of motor vehicle crash that has injured you. Both car and truck accident claims can present their own complexities. Truck accident cases may have even more complicating factors for which you need to be prepared. Although truck accident cases can be difficult legal battles, you should never make the mistake of assuming that a car accident case is minor in nature. You need an experienced lawyer to represent you in both types of accident claims.

Insurance Companies May Be More Stringent When There Is More Money at Stake

The commonality between truck and car accident cases is that you are dealing with an insurance company on the other side of your claim. Although insurance companies typically tend to operate in the same form and fashion, they may take things to a whole new level when there is a considerable amount of money on the line. When you have been injured in a truck accident, not only may you be more seriously hurt, but the insurance company could be on the hook for a larger amount of money. Although any type of insurance claim can be difficult, there is an entirely different level of scrutiny and an adversarial nature that can mean that you must fight even harder.

There Are Additional Sources of Evidence in a Truck Accident Case

In any type of motor vehicle accident, you would have certain standard forms of evidence that could be used to prove your case, such as witness testimony and pictures of the scene of the accident. In a truck accident case, there are more forms of evidence that may be helpful. You may use the following additional sources to either demonstrate liability or show that there was a culture of non-compliance at the trucking company:

• Black box data that shows how the truck driver was operating the vehicle at the time of the accident.
• Maintenance and inspection records for the truck involved in the accident.
• Personnel records for the individual truck driver.
• Other evidence that could be used to show a lack of compliance with regulations.

These sources of evidence may not be available to you at first. They are in the hands of the trucking company, which would need to hand them over to you as part of the lawsuit process. It is vital that you act quickly because these sources of evidence could be lost to you forever if you do not direct the trucking company to preserve them in advance of potential litigation.

Truck Accident Cases Involve an Extensive Set of Regulations

Car accident cases are decided by common law principles. Drivers need to use a reasonable level of care that is expected of an ordinary driver under the circumstances. Although that same legal principle also applies to truck drivers, there is far more at issue in a crash involving a commercial vehicle.

There is an extensive set of regulations that is issued by the federal government that trucking companies need to follow. These regulations touch on practically every aspect of a trucking company's operation. If you are able to prove that the trucking company failed to follow any one of these regulations, and it played a role in the accident, you may not even need to prove negligence. This is due to the legal concept of negligence per se. Further, the failure to follow trucking regulations could anger a jury to the point where they award you ‘punitive’ damages if you take your case to trial and win.

Contact the Hamburg Car Accident Lawyers at Dan Chiacchia Injury Attorneys if You Have Suffered Motor Vehicle Injuries

Whether you have been hurt in an accident involving a car or truck, the Hamburg car accident lawyers at Dan Chiacchia Injury Attorneys can help. We can provide you with common sense and aggressive legal representation as you seek the compensation you deserve. To schedule a free case review, submit our online contact form or call us today at 716-648-3030. Located in Hamburg, New York, we proudly serve clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.