Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Regarding injury claims, truck accidents often result in larger settlements than car accidents. This is primarily due to the size and weight of commercial trucks, the complexity of liability, and the higher costs associated with injuries sustained in these crashes.

In this blog, we’ll explore why truck accidents typically lead to higher settlements than car accidents and the factors influencing the settlement process.

Critical Differences Between Truck and Car Accidents

Truck and car accidents differ in several ways, and understanding these distinctions can help explain why the settlements are often more prominent in truck accident cases.

Size and Weight of Trucks vs. Cars

The most apparent difference between trucks and cars is their size and weight. Trucks can weigh up to 80,000 pounds or more, while passenger cars typically weigh about 3,000 pounds. A truck’s immense size and weight can cause much more damage during a collision.

A truck’s size increases the likelihood of catastrophic injuries, such as spinal cord damage, traumatic brain injuries, and severe fractures.

“Truck accidents often involve more severe injuries due to the size and weight difference between commercial vehicles and passenger cars. This results in higher medical expenses, longer recovery times, and larger settlements.” – Gina Corena & Associates

Increased Potential for Catastrophic Injuries

Due to the force involved in a truck collision, victims are more likely to sustain severe, life-threatening injuries. Victims may require extensive surgeries, long-term rehabilitation, and long-term care.

The severity of these injuries contributes directly to the higher costs of medical treatment and, consequently, larger settlements.

Higher Medical Costs

Due to the severity of their injuries, truck accident victims often face a longer road to recovery. This leads to significant medical bills, including surgeries, hospital stays, physical therapy, and long-term care costs.

The long-term nature of these medical treatments can result in settlements that far exceed those from a typical car accident.

Larger Insurance Policies

One of the primary reasons truck accidents lead to larger settlements is that commercial trucks are required to carry significantly larger insurance policies than personal vehicles. The minimum liability insurance for a passenger vehicle in the U.S. may range from $25,000 to $100,000.

At the same time, trucks are generally required to carry at least $750,000 in insurance, and some companies carry up to $1 million or more. This means that victims of truck accidents can seek larger settlements from these higher insurance policies.

Liability in Truck Accidents vs. Car Accidents

Liability is another crucial factor in determining the settlement amount in an accident. In truck accidents, liability can extend beyond just the truck driver.

Multiple Responsible Parties in Truck Accidents

Unlike car accidents, which usually involve only the vehicle’s driver, truck accidents may involve several parties. These could include:

  • The Truck Driver: If the driver was negligent—such as driving under the influence or violating regulations—they can be held liable.
  • The Trucking Company: If the trucking company failed to train the driver properly or didn’t maintain the truck, they may also be liable.
  • The Truck Manufacturer: The manufacturer may bear responsibility if the truck is defective.
  • Maintenance Providers: If a failure to maintain the truck (such as improper tire pressure or faulty brakes) contributed to the accident, the maintenance provider might be at fault.

“Under the FMCSA regulations, trucking companies can be held responsible for a range of violations, including poor maintenance or failure to comply with hours-of-service rules, which can significantly impact liability in a truck accident.” – FMCSA Regulations on Driver Hours

Vicarious Liability and Negligence Claims

In many cases, the trucking company can be held responsible for the actions of its drivers. This concept is known as vicarious liability.

If the driver performed their duties during the accident, the trucking company may be liable for the driver’s negligence.

This adds another layer to the claim and increases the potential settlement value.

Legal Considerations and Laws Impacting Truck Accidents

Truck accidents are often governed by specific federal and state regulations that don’t apply to car accidents.

Understanding these legal factors can help explain why truck accident settlements are generally higher.

FMCSA Regulations

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. These rules cover everything from how long a driver can be on the road before needing rest to truck maintenance standards.

If a trucking company or driver violates these regulations, it can significantly impact the outcome of a claim.

For example, if a truck driver exceeds their hours of service (drives for too long without rest), this may be considered negligence. Violations of these regulations can result in higher liability for the trucking company and, in turn, higher settlements for accident victims.

State Laws and Local Regulations

State laws also play a role in determining liability in truck accident cases. For example, some states have stricter rules for how long a truck driver can be on the road before taking a break.

Local traffic laws and insurance regulations can significantly impact the settlement process in states like Nevada, which has a thriving trucking industry.

Truck-Specific Liability Issues

Truck accidents may sometimes involve load securement and hazardous material transportation.

If a truck is improperly loaded or carries dangerous goods, the consequences of an accident can be far worse.

This can increase both the severity of the injuries and the settlement amount.

The Role of Evidence in Truck Accident Claims

Evidence is critical in truck and car accident claims, but due to their complexity, truck accidents often require more detailed and specialized evidence.

Black Box Data

Trucks are often equipped with electronic logging devices (ELDs) or “black boxes,” which record information such as speed, braking patterns, and the truck’s location at the time of the accident.

This data can be crucial in determining the cause of the crash and supporting the victim’s case.

Witness Testimonies and Surveillance Footage

As with any accident, witness testimonies and surveillance footage can provide valuable evidence.

Truck accident cases may also involve video footage from the truck’s dashcam or nearby security cameras. This can help establish fault and strengthen the case for a higher settlement.

Higher Settlements in Truck Accident Cases

When all of these factors are considered—larger medical bills, more complex liability, and higher insurance limits—it’s easy to see why truck accident claims often result in higher settlements.

Insurance Coverage Differences

Commercial trucks must carry more extensive insurance policies than personal vehicles, often over $1 million. This higher coverage allows victims of truck accidents to pursue larger settlements.

The truck’s insurance policy is typically the first line of defense for the trucking company, and victims can benefit from these larger payouts.

The Severity of Injuries and Long-Term Care Costs

Truck accidents often cause long-term and even permanent injuries. These injuries can lead to expensive medical treatments and rehabilitation, increasing the settlement’s value.

Legal Precedents and Case Law

Several legal precedents support larger settlements in truck accident cases. Courts have recognized the severe nature of injuries caused by truck accidents and the more significant financial impact on victims.

This precedent ensures truck accident victims have the legal support to secure higher compensation.

FAQs

Why do truck accidents result in higher settlements than car accidents?

Truck accidents often lead to more severe injuries due to the truck’s size and weight. The higher medical costs and longer recovery times contribute to higher settlements. Additionally, truck accidents involve more extensive insurance policies.

What factors contribute to higher medical costs in truck accidents?

The severity of injuries, such as traumatic brain injuries or spinal cord damage, leads to higher medical costs. Long-term care and rehabilitation also increase the overall cost.

Who can be held responsible for a truck accident?

Liability in truck accidents can extend beyond the truck driver to include the trucking company, maintenance providers, and truck manufacturers, depending on the circumstances of the accident.

Are there specific laws for truck accidents?

Truck accidents are subject to federal regulations, such as those set by the FMCSA, which govern driver hours, vehicle maintenance, and safety protocols.

What types of evidence are essential in a truck accident claim?

Key evidence includes black box data, dashcam footage, accident scene photos, and witness testimonies. This evidence can help establish fault and support the claim for a higher settlement.

Conclusion

Truck accidents are often more complex and result in more severe injuries than car accidents. These factors contribute to the higher settlements that truck accident victims can usually secure. With multiple parties involved and stringent regulations governing the trucking industry, truck accident claims tend to be more complicated but offer the potential for larger payouts.

If you’ve been involved in a truck accident, it’s essential to work with an experienced team of attorneys who can navigate the complexities of the case. At Gina Corena & Associates, our team is dedicated to ensuring you receive the compensation you deserve for the injuries and damages you’ve sustained.

“Understanding the full scope of truck accident claims is critical. Our team at Gina Corena & Associates can help you navigate the complexities of these cases and secure the compensation you’re entitled to.”

Gina Corena & Associates

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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