Why Truck Accidents Are More Dangerous Than Car Accidents

Truck Accidents Pose Greater Risks Than Car Accidents

Trucking crashes pose a greater risk to victims in terms of the severity of injuries, the scale of property damage, legal implications, and the likelihood of catastrophic outcomes. The Crash Facts & Statistics Report by the Illinois Department of Transportation (IDOT) shows that 11,922 tractor-trailer accidents occurred in Illinois in 2022. Of these, 138 collisions involved fatal semi-truck accidents, while 1,859 crashes resulted in serious injuries.

You can sue a truck driver after an accident if they caused the accident and your resulting injuries because of recklessness or negligence. Personal injury claims involving truck accidents often attract higher settlements than car accidents due to the severity of injuries and damages caused. Winning a truck accident claim or lawsuit and recovering adequate compensation is, however, not an easy task for the following reasons.

Severe Injuries and Damages

As previously stated, tractor-trailers have gross weights exceeding 80,000 pounds when fully loaded. When traveling at 70 mph on highways, they can collide with other vehicles and cause destruction. Because of the high-impact forces, victims usually suffer severe injuries, such as:

• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Fractured bones
• Neck injuries
• Lacerations
• Internal injuries

The 2022 Crash Facts & Statistics show that 9,925 of the 11,922 tractor-trailer accidents that occurred that year resulted in substantial property damage. Securing sufficient compensation to cover the debilitating injuries, wrongful death damages, and catastrophic property damage caused by truck accidents requires aggressive legal representation.

Multiple at-Fault Parties

Liability in most car accidents often falls on one party – the driver. Truck accident cases, on the other hand, commonly have multiple liable parties. These parties may include the truck driver, trucking company, freight loading contractor, truck part manufacturer, and truck repair and maintenance provider.

All the likely blameworthy parties must be thoroughly investigated to determine their contribution to the accident. That makes a trucking accident claim more complex.

Higher Insurance Coverage and Fierce Defense

Trucking companies require general liability coverage to pay for third-party injuries and property damages in case of accidents. As expected, they take out high-value policies, ranging from $1,000,000 to $2,000,000 coverage limits. That might seem advantageous if you get injured in a truck accident because you expect reasonable compensation.

The truth, however, is that trucking companies and their insurers are often reluctant to settle truck accident claims. They may use fierce defense tactics to deny or lowball the settlement. They will employ a team of attorneys and adjusters who can downplay the severity of injuries or shift liability to you or other parties.

Regulatory Compliance Matters

The Federal Motor Carrier Safety Administration (FMCSA) sets the regulatory policies governing the commercial trucking industry. These regulations cover various aspects, such as load limits, vehicle maintenance, hours of service, and driver experience and qualifications. If an accident occurs because a carrier violated one of these rules, the company can be liable for the accident because of negligence.

However, proving such a violation requires reviewing the company's data and compliance documents. The at-fault party will naturally obscure access to such information. Fortunately, a motor vehicle accident attorney may be able to employ legal tactics to compel a company to grant access.

Evidence Collection Issues

Truck accident cases require unique types of evidence, and gathering them can be a huge challenge for an individual without legal know-how. Usually, the evidence collection process involves:

• Reviewing vehicle maintenance logs – This includes evaluating the records regarding the truck's maintenance and repairs. These documents can offer valuable insights into the mechanical failure that might have contributed to the crash.
• Retrieving black box data – The electronic logging devices (ELDs) in a truck include a black box that records the truck's speed at the time of the accident, hours of operation, and braking distance and patterns. The black box helps a truck accident case, as your attorney will use that data to establish the driver's actions in the seconds leading to the accident, which is crucial in determining fault.
• Driver logs – Truck drivers must log when they start and end their shifts. A careful review of driver logs can indicate whether a driver adhered to the hours of service specified under FMCSA regulations.
• Cargo papers – Load documents provide detailed information about the in-transit freight, including its nature, dimensions, weight, and hazard levels. Improperly loaded cargo or overloaded trucks can easily cause catastrophic crashes.

Jurisdictional Differences

Most commercial heavy-haulers offer interstate transportation solutions. So, a trucking accident can fall under federal law or laws from two or more states. Navigating the legal process and statutes in each jurisdiction presents another challenge to an already complicated lawsuit.

For example, Illinois follows the modified comparative negligence law, which only allows a victim to pursue compensation if the victim is 50% or less at fault for the accident. Other states, such as Missouri and California, follow the pure comparative negligence law. Reconciling both laws in a truck accident claim requires the involvement of a seasoned truck accident lawyer.

Key Factors That Make Truck Accidents More Dangerous

The consequences of truck accidents usually stem from factors such as:

Size and Weight Differences

One of the major factors contributing to the risky nature of truck accidents is the disparity in size and weight of the vehicles compared to small passenger cars. Trucks are significantly heavier than personal and passenger cars. That combined with speeding can lead to tragic accidents and severe injuries.

Additionally, commercial trucks are taller than other vehicles on the road, increasing the likelihood of a car getting sucked under the truck and getting crushed beneath it. In a crash where a tractor-trailer has skidded or rolled over, the wake of destruction often involves multiple vehicles.

Longer Stopping Distance

Most commercial trucks measure 72 feet in length. Due to their weights and sizes, they need a longer braking distance to come to a complete stop. If there's a car ahead, the truck can hardly stop, resulting in rear-end collisions.

Restricted Maneuverability

Unlike operating a small car, maneuvering a tractor-trailer is challenging, particularly at lower speeds. Their sizes require a larger radius to negotiate a corner or turn. Furthermore, the truck driver cannot perform evasive maneuvers in a limited space. Such lack of agility makes it challenging for the driver to swiftly respond to abrupt road hazards, eventually leading to a collision.

Driver Fatigue and Qualification

Truck accidents pose a threat to public safety because of other factors, such as driver fatigue and inadequate training. The FMCSA guidelines require truck drivers to drive for a maximum of 11 hours after 10 consecutive hours off duty. However, most drivers and trucking companies don't adhere to this rule and drive for longer hours. They experience fatigue and usually feel drowsy behind the wheel. Because of their diminished alertness, such truckers cannot respond to any hazards that might arise on the road.

While most drivers are licensed, insured, and qualified, some are unqualified and inexperienced. Lack of training makes a driver incompetent in operating a truck and can lead to an accident.

Larger Blind Spots

Tractor trailers and semi-trucks have larger blind spots than passenger cars, particularly on the right side and directly behind the trailer. These larger blind spots, also called no-zones, make it extremely difficult for truck drivers to identify other smaller vehicles behind them or emerging on the right lane.

A truck driver can unintentionally switch lanes without noticing an advancing car on the right side, causing a collision. It's critical for motorists sharing the road with trucks to be aware of these blind spots and always keep a reasonable distance between them and trucks.

Lateral Cargo Shifts and Hazardous Freight

Commercial trucks haul heavy loads that must be properly secured for safe transportation. If the cargo isn't properly loaded and secured on the trailer, it can shift laterally, affecting the truck's balance and stability. Considering the taller heights of trucks, poorly secured cargo can cause the truck to roll over during turns or when maneuvering sharp corners.

Other trucks carry hazardous materials that can expose accident victims to serious health risks and impact the environment. Such circumstances make it difficult for emergency response teams to contain the incident, leading to more widespread damage and casualties.

How Can a Truck Accident Lawyer Help You After a Collision?

The likelihood of a truck accident having multiple at-fault parties, severe injuries, widespread damage, and overlapping state laws make claims and lawsuits tricky. Retaining a truck accident lawyer as soon as possible is crucial. The lawyer can help you in the following ways:

Assistance With Medical Payments

In most cases, accident victims cover their initial medical bills because insurance companies can only cover such costs after a mutually acceptable agreement or you win in court. An attorney can help you cover your bills as you await the settlement of the claim. Your lawyer can leverage his or her connections with health providers to negotiate with them to offer healthcare services and later file medical liens on the settlement amount. Alternatively, your lawyer can speak to a provider who can accept a partial payment and have the rest settled after you've received the compensation amount. That alleviates your financial burden.

Gathering and Preserving Evidence

As soon as you hire a lawyer, he or she will begin a private investigation and collect the evidence to support your claim by:

• Reviewing the accident scene
• Studying the accident photographs
• Retrieving the accident footage from nearby surveillance cameras
• Questioning eyewitnesses and collecting expert witnesses' reports

A motor vehicle accident lawyer can navigate the legal procedures to preserve evidence. The lawyer will draft a spoliation letter and send it to the trucking driver, hauling company, and insurance provider. The purpose of these letters is to inform the recipients of possible legal action and that they must preserve evidence related to the case.

Insurance Correspondence and Negotiations

Having a strong lawyer behind you also protects you from bad-faith insurance companies and their maneuvers to use your legal naivety against you. Insurers and insurance adjusters will often try to contact accident victims for information about the accident and even lure them into signing settlement letters.

Once you involve an attorney in your case, you need not worry about talking to insurance companies or their lawyers. Your lawyer will be able to challenge their claims and the legal areas he or she can stir to make them pay the maximum settlement.

Filing a Timely Claim

Like other states, Illinois has a statute of limitations governing when one can file a personal injury claim. Truck accident victims have a two-year window to file claims. A lawyer may be more familiar with the legal process and the documents required when filing the case. Your lawyer will ensure your claim goes to book on time. That leaves you to focus on your physical and emotional recovery. Besides, a lawyer can help you reopen a case even after the two years have elapsed if the lawyer identifies a legally acceptable exception to your case.

Our legal team at Strong Law Offices has a stellar record of securing reasonable compensation for truck accident victims in Peoria and Chicago, Illinois. Contact us today to schedule an appointment if you or a loved one is a truck accident victim. We offer free consultations. We also don’t charge you legal fees unless we win the case.