Suffering life-altering injuries in a truck crash in Northern Arizona is a devastating experience that can change your life forever. If you were hurt in a truck crash caused by a negligent truck driver, you need to understand how filing a claim for truck accident compensation differs from a claim for a car crash. Hiring an experienced Flagstaff personal injury attorney as soon as possible is crucial to protect your rights and fight for the compensation you deserve under Arizona law.
Six Key Differences Between Flagstaff Truck and Car Accidents
No matter what type of vehicle hits you, there are general rules that apply to personal injury claims. However, there are additional laws that apply if you’re struck by a commercial vehicle. Because your financial settlement may be much greater if you were injured in a truck accident, you will likely face a more challenging legal battle. Knowing the crucial differences between truck and car crashes can help you understand the legal process when filing a claim against a truck company and what to expect if settling your claim takes a long time.
#1: More Serious Injuries and Fatalities
Because of their size and weight, trucks can cause significantly more damage in accidents than cars. Truck wrecks often result in much more severe injuries.
Common Flagstaff Truck Accident Injuries
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Multiple fractures
- Back injuries
- Amputations
- Internal bleeding
- Internal organ damage
#2: Federal Regulations
Trucking companies and truckers are subject to strict federal regulations and rules created by the Federal Motor Carrier Safety Administration (FMCSA). These regulations aim to ensure the safety of truck drivers and other drivers on the road. However, trucking companies and truckers often do not follow these safety regulations.
FMCSA Regulations for Truckers and Trucking Companies
- Hours of service regulations. Truck drivers must adhere to strict limits on the number of hours they can drive before taking breaks to prevent fatigue-related accidents.
- Trucker qualifications. Truck drivers have to obtain a commercial driver's license (CDL) and meet specific age, health, and driving record qualifications. However, some trucking companies hire unqualified and inexperienced truckers who cause tragic collisions.
- Medical certification. Truck drivers must undergo regular medical examinations to ensure they can operate a commercial vehicle. They must obtain a medical certification when they are hired and renew it every two years.
- Maintenance. Trucking companies are responsible for properly maintaining and repairing their vehicles to ensure they operate safely. Their truckers must also inspect a truck before, during, and after a trip.
#3: More Liable Parties
Unlike car accidents, where typically the driver is the main party at fault, truck crashes can involve multiple parties who may share liability. Parties responsible for compensating victims can include the truck driver, trucking company, manufacturer of the truck or its parts, shippers, and third-party maintenance or repair companies.
#4: Extensive Investigation
Truck crash cases often require a comprehensive investigation to determine the accident's cause and identify all potentially liable parties. A skilled personal injury lawyer may examine the truck's maintenance records, review the trucker's personnel record and logbooks, analyze black box data, and gather evidence from the crash scene. They will likely send the trucking company a spoliation letter advising them of their client's claim and advising the company not to destroy evidence that could help the victim prove their case.
#5: Larger Settlements
Due to the severity of injuries and potential long-term consequences in truck accidents, the settlements tend to be higher compared to car crashes. Injured victims may be entitled to compensation that includes past and future medical expenses, lost wages, and pain and suffering.
#6: More Difficult Insurance Companies
Dealing with insurance companies in truck accident cases can be challenging. They often have dedicated teams of lawyers and adjusters who work to protect their interests and minimize payouts.
The insurance company will likely fight harder and longer to deny your claim or try to pay you less compensation than you deserve. Having a knowledgeable Arizona truck accident attorney on your side can level the playing field and ensure your rights are protected.