Setareh Law
April 8, 2025
Most people know how a car accident claims process goes. The injured party files a claim against the other to seek financial compensation for their losses. In some cases, they’ll need an attorney to represent them. However, many people make the mistake of thinking that a truck accident claim will go the same way.
Unfortunately, these claims are more challenging, which is why you should be aware of the top five ways truck crashes differ from car crashes. If you were involved in one, consider contacting a California truck accident lawyer to guide you through the claims process.
Truck Accidents Are More Severe
Most 18-wheeler trucks weigh up to 80,000 pounds. Conversely, the average car weighs just over 4,000 pounds. The truck’s weight and size aren’t the only factors contributing to an accident; drivers also have larger blind spots, longer stopping distances, and wider turn radii. All of these factors can cause a truck accident to be life-threatening. Remember that some trucks also carry potentially hazardous cargo, such as flammable chemicals, making accidents even more dangerous.
Truck Accidents Involve Multiple Parties
In a commercial truck accident, the injured party will file a claim against the other driver. This will typically include their insurance company, but the accident victim is only dealing with one party. However, with truck accidents, there may be several parties liable for the accident. You might be able to file a claim against the truck driver, company, or manufacturer. The accident may have been caused by cargo hitting your vehicle. If this is the case, the company that loaded the truck could be responsible.
Trucking companies have large legal teams at their disposal, with highly trained and aggressive lawyers representing them. Large companies want to avoid paying out large settlements, and their attorneys will employ sneaky tactics to reduce your claim. This is why it’s essential to speak with a personal injury attorney before speaking to an insurance company or other lawyer.
Commercial Truck Accidents Require More Evidence
Evidence is an integral part of any accident claim, but truck crashes typically require more proof than car collisions do. Evidence such as photographs, police reports, and witness statements will be crucial to your case. However, truck accidents involve more information, such as driver logs and employment records, that may help a claim.
Most commercial vehicles also have a black box, which some companies refer to as an electronic control module. It records how fast the driver was going, when they applied brakes, and how many times that vehicle was in an accident.
Drowsy Driving Is a Common Factor in Truck Accidents
Truckers can only operate their vehicles for so many hours a day or week. In California, they must follow the 80 hour/8 day rule. This means that they cannot drive for more than 80 hours in eight consecutive days. They also cannot drive for more than 12 hours a day. Additionally, truckers must rest at least 10 hours before a new work period or 32 hours if they plan to drive for another eight straight days.
However, many trucking companies are more concerned about profits instead of their drivers’ safety. Long-haul truckers may break the rules to complete a trip on-time. According to the Federal Motor Carrier Safety Administration, fatigue is among the top ten causes of truck accidents.
Trucks Are Susceptible to Different Crashes than Vehicles
When you’re in an accident with another vehicle, it will likely be a head-on, rear-end, or sideswipe crash. Rollover accidents can also occur, which can result in catastrophic injuries or fatalities due to the weight of the truck and risk factors like high speeds and uneven road surfaces. These accidents can happen with a truck, but they can cause more dangerous accidents because of their size.
- Jack-knife accidents occur when the trucker brakes suddenly, but the trailer does not stop because of forward momentum. This causes the trailer to swing to the side and create a V shape.
- Underride accidents occur when a smaller vehicle, such as a car, crashes into the back of the truck and continues to slide under it. Similarly, override accidents happen when a truck slides over the vehicle in front.
- Cargo that breaks away from the truck and hits another vehicle is known as an overloaded cargo accident.
Causes of Truck Accidents
Truck accidents can stem from a multitude of factors, each contributing to the complexity and severity of these incidents. One of the most prevalent causes is driver error, which can include speeding, reckless driving, and failure to adhere to traffic laws. These mistakes are often exacerbated by the sheer size and weight of commercial trucks, making any error potentially catastrophic.
Vehicle maintenance issues also play a significant role in truck accidents. Faulty brakes, worn-out tires, and other mechanical failures can lead to loss of control and devastating crashes. Regular maintenance is crucial, yet sometimes neglected, leading to preventable accidents.
Weather conditions such as rain, snow, or fog can further complicate driving for truck drivers, increasing the risk of accidents. Poor road conditions, including potholes and construction zones, can also contribute to the likelihood of a crash.
Cargo-related issues are another critical factor. Improperly loaded or unsecured cargo can shift during transit, causing the truck to become unbalanced and leading to accidents. Mechanical failures, such as a blown tire or engine malfunction, can also result in sudden and dangerous situations on the road.
Understanding these causes is essential for both prevention and legal proceedings in truck accident cases.
Injuries and Damages in Truck Accidents
Truck accidents often result in severe injuries and extensive damages, far surpassing those typically seen in car accidents. The immense size and weight of commercial trucks can cause catastrophic damage to passenger vehicles and their occupants. Injuries from these accidents can range from minor cuts and bruises to life-threatening conditions such as traumatic brain injuries and spinal cord injuries.
The force of a truck collision can lead to internal bleeding, organ damage, and other critical injuries that require immediate and extensive medical attention. The financial impact of these injuries can be overwhelming, with victims facing substantial medical bills, lost wages due to the inability to work, and long-term rehabilitation costs.
In addition to physical injuries, truck accidents can result in significant property damage. The sheer force of a truck crash can total passenger vehicles, leading to costly repairs or replacements. In the most tragic cases, truck accidents can result in fatalities, leaving families to cope with the emotional and financial aftermath of losing a loved one.
The damages from truck accidents extend beyond the immediate physical and financial impacts, often including pain and suffering, emotional distress, and loss of quality of life. These factors are critical considerations in truck accident claims and lawsuits.
Legal Procedures and Timeframes
Navigating the legal landscape after a truck accident can be daunting, but understanding the procedures and timeframes is crucial for a successful claim. In California, the statute of limitations for filing a truck accident lawsuit is generally two years from the date of the accident. However, there are exceptions to this rule, making it essential to consult with a truck accident lawyer to determine the specific timeframe for your case.
A truck accident lawyer can help you understand the complex process of filing a claim, which involves gathering evidence, dealing with insurance companies, and negotiating settlements. They can provide valuable guidance on the value of your claim, ensuring that all aspects of your damages, including medical bills, lost wages, and pain and suffering, are considered.
The legal process begins with filing a complaint, which outlines the facts of the case and the damages sought. The defendant will then respond to the complaint, and the discovery process will commence. During discovery, both parties exchange information and evidence, including witness statements, medical records, and accident reports. This phase is critical for building a strong case.
Understanding these legal procedures and timeframes is vital for protecting your rights and securing the compensation you deserve after a truck accident.
The Role of Truck Drivers in Accidents
Truck drivers play a pivotal role in ensuring road safety, and their actions can significantly impact the likelihood of accidents. They are required to adhere to strict regulations, including hours of service rules, which mandate rest periods to prevent fatigue. Despite these regulations, some truck drivers may violate these rules, driven by tight schedules and delivery deadlines, thereby increasing the risk of accidents.
Proper vehicle maintenance is another critical responsibility of truck drivers. Regular inspections and maintenance are essential to prevent mechanical failures that can lead to accidents. Neglecting these duties can result in dangerous situations, such as brake failures or tire blowouts, which can have catastrophic consequences.
Truck drivers must also follow all traffic laws and regulations, including speed limits and right-of-way rules. Failure to comply with these laws can lead to severe accidents, endangering not only the truck driver but also other road users.
The role of truck drivers in preventing accidents cannot be overstated. Their adherence to safety regulations, proper vehicle maintenance, and compliance with traffic laws are crucial for reducing the risk of trucking accidents and ensuring the safety of all road users.
What to Expect in a Truck Accident Lawsuit
Filing a lawsuit after a truck accident can be a complex and time-consuming process, but understanding what to expect can help you navigate it more effectively. The first step in a truck accident lawsuit is to file a complaint, which details the facts of the case and the damages you are seeking. This document sets the stage for the legal proceedings to follow.
Once the complaint is filed, the defendant will respond, and the discovery process will begin. During discovery, both parties will exchange information and evidence, including witness statements, medical records, and accident reports. This phase is crucial for building a strong case, as it allows both sides to gather the necessary evidence to support their claims.
After discovery, the case may proceed to trial, where a judge or jury will determine the outcome. The trial process can be lengthy and complex, but a skilled truck accident lawyer can guide you through each step, ensuring that your rights are protected and that you receive the compensation you deserve.
Throughout the lawsuit, your truck accident lawyer will negotiate with insurance companies and the opposing legal team to secure a fair settlement. If a settlement cannot be reached, the case will go to trial, where your lawyer will present your case and advocate on your behalf.
Understanding what to expect in a truck accident lawsuit can help you prepare for the legal process and ensure that you receive the compensation you need to recover from your injuries and damages.
Speak to a California Truck Accident Attorney Today
If you or a loved one was in a trucking accident in California, reach out to Setareh Law. We take pride in working closely with our clients to understand the accident and their injuries better. Our team of experienced legal professionals will work closely with you to build a winning defense strategy.
The attorneys at Setareh Law will work for you to receive maximum compensation for your losses. Call (310) 659-1826 or complete our contact form to schedule a free consultation today.
