Car accidents and truck accidents can both cause extensive property damage, serious injuries, and fatalities. However, while many car accidents are minor fender benders where the motorists involved walk away with only a few cuts and scrapes, truck accidents are another story. Due to the massive size and weight of the average commercial truck compared to a passenger vehicle, a truck accident is much more likely to result in catastrophic injuries suffered by the occupants of the passenger vehicle involved in the accident.
A fully-loaded truck can weigh up to 80,000 pounds compared to a 2,000-pound car or a 4,000-pound SUV. In addition to the massive size difference, commercial trucks are much higher than passenger vehicles, which can increase the risk for the following types of accidents:
- Rollovers: Commercial trucks have a much higher center of gravity than passenger vehicles, which means that they have a greater risk of rolling over when approaching a curve in the road or exiting the highway, particularly if they are travelling at a speed that is too fast. This can also cause the cargo in the trailer to shift or come loose, which can make it difficult for the driver to maintain control of the truck. A rollover accident can cause massive property damage and devastating injuries to the truck driver and other motorists in the vicinity.
- Underrides: This type of accident occurs when the height of the commercial truck causes a passenger vehicle to slide under the trailer in a collision. This often occurs at a high speed, causing the top of the passenger vehicle to be sheared off. This often results in catastrophic injuries and fatalities. While many trucks are now equipped with underride guards, there is no federal requirement for side underride guards, which can prevent these types of injuries.
- Blind spots: Commercial trucks have significantly larger blind spots than passenger vehicles, particularly on the right side, extending the length of the trailer, and directly behind the trailer. If a passenger vehicle is driving in the truck’s blind spot, and the truck changes lanes or stops suddenly, there is a greater risk of a serious truck accident.
What Are the Most Common Causes of Truck Accidents?
Truck drivers have a responsibility to obey the rules of the road and make safety a top priority at all times. The vast majority of truck accidents are preventable if truck drivers avoid the following behaviors:
- Distracted driving: Talking or texting on the phone, adjusting the GPS, reaching for something on the passenger seat, or checking social media are all examples of distracted driving. When a truck driver’s attention is away from the road for even a matter of seconds, it can have devastating consequences if there are other motorists in the vicinity.
- Drowsy driving: This continues to be a serious problem in the trucking industry. Truck drivers are under a great deal of pressure to meet tight delivery deadlines. While there are federal Hours of Service (HOS) regulations in place, truck drivers often continue driving after they have reached the maximum number of hours on duty in an effort to meet those deadlines.
- Speeding: Commercial trucks require significantly more road space to slow down and come to a complete stop. When a truck driver is speeding, they may be unable to slow down in time to avoid hitting a passenger vehicle in the vicinity. In addition, speeding-related accidents are much more severe due to the extreme force of impact.
- Impaired driving: If a truck driver is driving while under the influence of drugs or alcohol, this can have devastating consequences. Even over-the-counter medications can cause drowsiness and other impairments that can affect their ability to safely operate a large truck.
- Aggressive driving: Speeding, tailgating, switching lanes without signaling, and cutting off other drivers are all examples of aggressive driving that can increase the risk of a serious truck accident.
Who Is Liable for a Truck Accident?
In most cases, when there is a car accident involving two passenger vehicles, the at-fault driver is liable for the damages caused by the accident. However, truck accidents are more complicated because there are a number of parties that may be liable for a truck accident, including the following:
- Truck driver. If the truck driver was speeding, texting, driving while intoxicated, or engaging in any other negligent behavior, they may be found liable for the accident.
- Trucking company. If the truck company failed to properly train their drivers, hired unqualified drivers, made unreasonable delivery deadlines, or failed to enforce the HOS regulations, they may be liable, or share liability for the accident.
- Cargo loaders. If a third-party loading company failed to properly load and secure the cargo, resulting in the cargo shifting or falling out of the truck, they may be held liable for the resulting truck accident.
- Maintenance contractors. If the company responsible for maintaining the truck and making any necessary repairs fails to do so, they may be liable for the mechanical failures that caused the accident.
What Makes a Truck Accident Claim More Complicated Than a Car Accident Claim?
There are a number of factors that make a truck accident claim more complex than a car accident claim, including the following:
- Severity of truck accident injuries. Truck accidents often cause injuries that are far more severe than the average car accident. These injuries include broken bones, internal organ damage, burns, spinal cord injuries, and Traumatic Brain Injuries (TBIs), which often require extensive and ongoing medical treatment or long-term care. As a result, truck accident claims tend to be significantly more expensive than car accident claims.
- Truck companies prioritize profit. Truck companies are in the business of making money, and will resort to a range of legal tactics to avoid paying a sizable settlement in a truck accident claim. They also have access to a highly paid team of lawyers who will work tirelessly to protect their client from high claim payouts.
- Multiple parties involved. Unlike a car accident, where the at-fault driver is liable for their negligent driving behavior, there are multiple parties that may be found liable in a truck accident, depending on the circumstances and the cause of the accident.
- The trucking industry is heavily regulated. There are a number of federal and state regulations that truck drivers and motor carriers must follow, including HOS regulations, inspections and maintenance, and how cargo must be secured. If any of these regulations have been violated, this can support a claim for compensation.
How Does Virginia’s Contributory Negligence Rule Affect Truck Accident Claims?
Virginia is one of the few states in the country that follows the strict “contributory negligence” rule. This is a legal principle that states that if you are found to be even 1% at fault for an accident, you are prohibited from recovering any financial compensation. This includes truck accidents. The truck company’s insurance company and legal team will scrutinize every detail of the accident in an effort to place some of the blame on you.
For example, they may argue that you were distracted, following too closely to the truck, or failed to use your signal, which contributed to the truck accident. Even if the truck driver was under the influence of alcohol, driving recklessly, or engaging in other negligent behavior that clearly caused the accident, the defense will try to find any evidence that you played even a small role in the accident. A dedicated truck accident lawyer will conduct a thorough investigation, collect the evidence necessary to prove that the negligent party or parties bear full responsibility for the accident, and pursue the maximum financial compensation you deserve for your injuries.
A Virginia Beach Truck Accident Lawyer at Anchor Legal® Will Fight to Get You the Settlement You Deserve
If you or a loved one suffered a devastating injury in a truck accident, it is highly recommended that you contact a Virginia Beach truck accident lawyer at Anchor Legal at your earliest convenience. We will examine the details of your case, determine who is liable for your injuries, and assist you with every step of the claims process. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.