What Factors Make 18-Wheeler Accident Claims More Complex?
It is natural to think that when an accident involves an 18-wheeler, the aftermath is similar to that of a car crash. Unfortunately, this is not true. 18-wheeler accidents typically involve a vehicle weighing approximately 80,000 pounds crashing into a vehicle that weighs a fraction of that, typically around 4,000 pounds. Due to this, the injuries are far more severe and the property damage is usually extensive.
These factors combined make 18-wheeler accident claims much more complex than those involving passenger vehicles. Below, our San Antonio 18-wheeler accident lawyer outlines the main differences between these two types of collisions.
Severity of Injuries
Of course, perhaps the most obvious difference is that 18-wheeler accidents will typically result in injuries that are much more serious. Accident victims may suffer from amputations, brain injuries, loss of limbs, broken bones, disc herniations, chronic pain, and more. These injuries are not only life-changing, but they also require complex and extensive medical treatment.
The more medical treatment you require after an accident, the more critical it becomes that you work with an 18-wheeler accident attorney. The insurance adjuster will try to get you to agree to a lower settlement before you know the full extent of your injuries and the extent of medical treatment that you need to either get better or to take care of you for the rest of your life. An attorney can fight back against the strategies they use.
Thorough Investigations are Required
It is difficult to determine the cause of an 18-wheeler accident. You must collect important evidence that strengthens your claim, such as police reports, 911 audio files, body camera videos, dash camera videos, the hours-of-service logbooks, truck inspection and maintenance records, the truck’s black box, and more. The trucking company may even try to destroy records indicating fault. Obtaining this evidence on your own is very challenging when you are suffering from serious injuries. An attorney will advise on the type of evidence you need and ensure it is properly preserved to prove your case.
Potentially Multiple Liable Parties
Car accident claims typically involve only the drivers directly involved in the crash. There may be multiple parties liable for an 18-wheeler accident, though. These can include the truck driver, the trucking company, manufacturers, government entities, and third parties such as maintenance and inspection companies and cargo loading companies. One or more of these entities may be liable for a crash but determining who is at fault is extremely difficult. It is critical that you identify all liable parties so you can file a claim against each of them to obtain full damages.
Federal Laws
Accidents involving two or more passenger vehicles are typically only subject to state law and many accident victims are familiar with these laws. 18-wheeler accidents, on the other hand, can involve both state and federal law. The federal hours of service rule, inspection and maintenance regulations, and more can all impact a truck accident claim. Accident victims are often not familiar with these laws, but an 18-wheeler accident attorney can advise on how they affect your case.
Our 18-Wheeler Accident Attorney in San Antonio Can Overcome the Challenges
Although claims involving transport trucks do present certain challenges, our San Antonio 18-wheeler accident attorney at the Law Office of Israel Garcia knows how to overcome them and help injured individuals obtain a fair settlement. We can put our expertise to work for you, too. Call us now at 210-LAW-9999 or contact us online to request a consultation and to learn more about how we can help.
Source:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
