Five Unique Elements of Truck Accident Claims
Car crashes are significantly more common than truck accidents due to the higher volume of passenger vehicles on the road. However, accidents involving commercial trucks are typically much more severe. Truck accidents are also more likely to result in fatality due to the massive size and weight of tractor trailers. Because truck accidents are more severe, there are also many unique elements associated with filing a claim afterwards. Below, our San Antonio truck accident lawyer explains what these are.
Federal Regulations
When two passenger vehicles are involved in a crash in San Antonio, it is generally state law that governs any legal action taken afterward. This is not true when commercial trucks are involved in a crash. Federal law heavily regulates the commercial trucking industry. The Federal Motor Carrier Safety Regulations outlines rules for hours of service, driver qualifications, cargo securement, vehicle maintenance, and more. Any violation of these rules can help establish negligence and liability.
Multiple Liable Parties
Again, when two passenger vehicles are involved in an accident, it is most often one of the drivers who is at fault. Multiple parties, on the other hand, may be liable for truck accidents. These include the truck driver, trucking company, and third parties such as maintenance and inspection companies, cargo loading companies, and others. When multiple parties may be liable for an accident, it makes it much more difficult to determine who is at fault. However, it also means there may be additional parties you can sue to obtain full compensation.
Preserving Evidence is More Complex
Today, commercial trucks have electronic logging devices installed in them that record braking patterns, speed traveled, engine performance, and the number of hours the vehicle was on the road. If this information is not preserved quickly, it can be destroyed or overwritten. It is critical to work with an attorney who can send a spoliation letter to ensure the trucking company fulfills its legal duty to preserve the evidence.
Higher Insurance Coverage
Drivers of passenger vehicles in Texas are only required to carry between $30,000 and $60,000 in liability coverage. Considering the catastrophic injuries that can result from any crash, this is sometimes not enough to fully compensate victims. Under federal regulations, commercial trucks must carry a minimum of $750,000.00 in liability coverage. However, many trucking companies purchase underlying insurance coverage with higher coverage and carry umbrella policies that provide millions of dollars in excess coverage. These high levels of coverage can help ensure that accident victims obtain the compensation they need to fully cover the cost of their injuries and other losses.
Working with a Truck Accident Lawyer in San Antonio is Even More Important
It is important to work with an attorney after any crash but after a truck accident, it is of even greater importance. At the Law Office of Israel Garcia, our San Antonio truck accident lawyer can advise of the federal law that applies to your case, determine liability, and negotiate with the insurance company on your behalf. Call us today at 210-LAW-9999 or contact us online to schedule a consultation and to get the legal help you need.
Source:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
