Why do truck accident cases take longer than typical auto crash claims?
Commercial vehicle litigation is a game all its own. When an 80,000-pound monster hits a passenger car, litigation ensues – a frustrating, costly battle filled with obstacles. Lots of money is at stake… which insurance companies understand.
Here’s the truth:
Many lawyers cannot handle these types of cases. Federal laws, corporate attorneys, and vast amounts of evidence make commercial truck accidents unique.
What you’ll uncover:
- Why Commercial Vehicle Cases Are So Different
- The Legal & Regulatory Maze
- Multiple Parties, Multiple Headaches
- Evidence Challenges In Truck Litigation
- Why Underride Cases Are Especially Complex
Why Commercial Vehicle Cases Are So Different
Truck accident cases are not just “bigger” car accident cases.
These are a completely different animal of lawsuit with different rules, different defendants, and different stakes. Per the IIHS, 4,354 people died in crashes involving large trucks in 2023 – and 65% of the fatalities were occupants of passenger vehicles.
Why does that matter?
Injuries are catastrophic in these cases. That translates to huge damages. Huge damages equal trucking companies that will fight harder than any insurance carrier you’ve ever dealt with.
Goal? Try to pay you as little as possible. They accomplish this by delaying, denying, and dragging your case out for years in hopes you’ll accept pennies on the dollar.
When a smaller vehicle slides underneath a trailer, things are even more catastrophic. That’s when hiring an underride accident lawyer who knows what they’re doing matters. A skilled Houston truck accident lawyer can investigate beyond the typical chain of liability that most personal injury lawyers would stop at.
Let’s break down what makes these cases so tricky.
The Legal & Regulatory Maze
Commercial trucks operate under federal law.
One major difference is that Passenger vehicle cases are governed by state traffic laws. However, Commercial vehicles are regulated by Federal Motor Carrier Safety Regulations (FMCSRs). These regulations dictate:
- Hours-of-service limits
- Driver qualification files
- Drug and alcohol testing
- Vehicle inspection records
- Cargo securement rules
- Maintenance logs
Overlook a regulation here and you could overlook the whole violation. Trucking companies have attorneys that know these regulations inside and out — and will exploit every loophole in order to protect their client.
Here’s the kicker:
One violation of the FMCSRs can turn an ordinary negligence claim into a gross negligence/punitive damage claim. Serious value escalation.
Multiple Parties, Multiple Headaches
In a car crash, you usually have one defendant — the other driver.
Truck cases? Not even close.
One commercial vehicle wreck could easily involve five or six different defendants, each with their own insurance carrier and separate attorneys. Those defendants are:
- The truck driver
- The trucking company (motor carrier)
- The trailer owner (often different from the truck owner)
- The cargo loader or shipper
- The maintenance contractor
- The truck or parts manufacturer
Everyone will try to point fingers at each other. This allows your claim to get tossed around from defendant to defendant for months.
The legal issues multiply exponentially. Who was operating, who signed the rental agreements, who did maintenance inspections, who trained the operator? And, this is all happening while you battle the insurance company lawyers trying to stall.
Evidence Challenges In Truck Litigation
Physical evidence disappears fast in truck cases.
That is a gigantic issue. Trucking companies are only mandated to retain certain records for a small window of time. Some paper documents can be legally shredded after only 6 months. ELD data can be overwritten in 7 days or less.
That means:
- Time is your enemy
- A spoliation letter needs to go out immediately
- Forensic experts need access to the truck before repairs
The truck itself is a crime scene. Black box info, dash cam video, GPS logs, brakes, tread wear … it can all show fault. The thing is, if you don’t secure it quickly, you’ll never get it.
The trucking companies have quick response teams. Their investigators arrive hours after a major crash to gather evidence and interview witnesses. They’re writing their story before you can even get there. If you’re not working at “crash scene” speed, you’re already losing.
Why Underride Cases Are Especially Complex
Underride crashes are one of the deadliest types of truck accidents.
Rununder crashes occur when a passenger vehicle moves underneath the rear or side of a large trailer. Outcomes are typically catastrophic including decapitation, severe head trauma, or death.
Just how common are they?
The Insurance Institute for Highway Safety reports there are 500 to 600 deaths each year caused by underride crashes. Two people dying each day.
What makes these cases complicated to litigate?
One: federal underride guard standards are decades old. Vehicle manufacturers have had rear guards required since 1998, and many of them still collapse during real-world crashes at highway speeds. Side underride guards? Those aren’t even required by federal standard. So your case may include trailer manufacturers, guard designers, and federal regulators — not just the driver.
You also need experts. Underride cases almost always require:
- Accident reconstruction specialists
- Trailer engineering experts
- Biomechanical experts
- Medical damages experts
They all charge a lot of money. Expert fees alone for a case can reach six figures before trial.
Law firms who defend trucking companies know this and prey on it. They prolong discovery, file endless motions, and wait for you to run out of money if you’re a smaller firm. This makes seasoned truck accident representation critical.
Bringing It All Together
Commercial vehicle cases are in a league of their own.
Federal rules, multiple defendants, lost evidence and unique crashes such as underrides. These factors require a degree of preparation that far exceed the capabilities of most injury lawyers.
Heavy trucks are only going to continue to grow in size and traffic. Fatal crashes involving trucks have increased exponentially over the years, and this pattern will only continue.
When seconds count, call the Law Firm of Jeremy Roberts.
If you or a loved one have been injured in a commercial vehicle accident, don’t wait. Every minute more damages crucial evidence. Contact an attorney who will:
- Understands the FMCSRs
- Knows how to lock down evidence fast
- Has relationships with the right experts
- Has taken major trucking companies to trial
That is what separates a decent injury case from a winning one.
