Why Are Truck Accident Claims So Complex?

Commercial trucks play an important role in our society. Each day, truckers are asked to deliver goods such as food, supplies, fuel, household products, and more across the streets and highways of the United States. There are more than 12 million registered commercial vehicles in our country. Combined, these commercial vehicles travel more than 300 billion cumulative miles every year.

While our nation could not keep moving without the contribution of truckers and trucking companies, sometimes things go wrong. In a recent year, more than 400,000 truck accidents were reported nationwide. These accidents resulted in approximately 100,000 injuries and 4,500 fatalities. Trucks ways 5 to 6 times more than the average non-commercial vehicle meaning that any accident has the potential to turn dangerous and even deadly.

Following a truck accident, injured victims may have certain legal rights, including the right to file a claim for compensation as a result of their injuries. However, this is an oversimplified explanation of the process. In reality, truck crash claims are often very complicated. Here are some common issues that commonly arise and make truck accident litigation so complex.

Causes of Truck Accidents in the United States

The first issue following any truck accident is determining how the crash itself occurred. While this is sometimes a straightforward issue, many times, it is not. The actual cause of the crash will be investigated by authorities in order to determine who should be held responsible. Fault is often disputed, and a thorough investigation is needed in order to get to the truth.

Some common causes of truck accidents include:

  • Speeding: Many truck companies monitor their truck's speed using a tracker or speed limiter. However, not every company has advanced technology, and a speeding truck can lead to a catastrophic accident.
  • Distraction: Truck drivers have many responsibilities, but their main job is to focus on the road. Unfortunately, drivers can become easily distracted by their phones or other objects in the truck. This distraction can quickly cause a major crash.
  • Drowsiness: This especially affects drivers who travel long distances. Long-haul truckers have limitations on how many hours they can drive in a given period, but fatigue can still set in. A drowsy truck driver is an extremely dangerous driver to both themselves and others around.
  • Impairment: Unfortunately, truck drivers are not immune to the same type of reckless driving behavior as normal motorists. When a truck driver is impaired by drugs or alcohol, it reduces their perception and reaction time, increasing the odds of a serious collision.

The cause of a truck accident can be elusive. Even if you think you know why the crash occurred, the other side may have a different explanation. Insurance companies are motivated by a desire to avoid paying as many claims as possible. This determination is very important as the issue of causation and fault in a truck accident is often at the center of litigation.

Federal and State Trucking Regulations  Why Are Truck Accident Claims So Complex?

The trucking industry is governed by a complex web of regulations. The Federal Motor Carrier Safety Administration makes rules that all truckers and trucking companies must follow. The FMCSA regulates driving hours, truck weights, maintenance procedures, and the reporting of known problems. The goal of the FMCSA is to improve trucker safety as well as public safety.

In addition to the FMCSA, states have their own rules and regulations that may apply to your truck accident claim depending on the circumstances of your case. Knowing which rules and regulations apply to your crash can be a daunting task. These tasks are best performed by a national truck accident attorney. At Burg Simpson, we strive to ensure that we are always up to date on any legal updates. We know what needs to be done following a commercial truck crash.

The Trucking Insurance Company

If you've made it to the insurance company negotiation stage, you may feel like the case is almost over. Unfortunately, that is not always true. While insurance negotiations are the last point in most truck accident cases, this is not the point to just give up and accept what the adjuster is offering.

Commercial truck insurance policies often have high limits, exceeding more than one million dollars in coverage. Trucking companies do not like to settle cases for their true value. Due to the serious nature of truck crash injuries, victims are often forced to ask for a substantial portion of the insurance policy. Not surprisingly, companies and adjusters are not eager to pay these claims. The company's goal is to pay legitimate claims but also to save money in the process.

Your skilled truck accident attorney will make sure that insurance negotiations are handled in a smooth manner and that the amount your receive is consistent with the injuries that you have suffered.

Truck Accident Litigation

The actual litigation process is extremely stressful and complex. Once a case is filed with the court, the parties lose some control over how it will end. Successfully handling truck accident litigation requires an attorney to have knowledge of all processes used by the insurance company to value these claims. Your attorney can help lead the way in negotiation and can ultimately finalize the matter without an extreme amount of hardship to you.

National Truck Accident Lawyers

If you or a loved one were involved in a truck accident anywhere in the United States, you could be entitled to compensation. Truck crashes can lead to devastating injuries that can impact every area of your life. The crash can result in high medical bills that cause financial stress on top of the physical and emotional pain that you are already experiencing.

During this time, you need a national truck accident lawyer by your side. At Burg Simpson, our attorneys have handled truck crash cases across the country. We can help no matter where your accident occurred, as distance is not a barrier to us.

We have recovered more than 2 billion dollars in settlements and verdicts for our clients. To schedule your free consultation with one of our lawyers, please reach out to us using our online intake form or call us at (888) 895-2080.

Previous PostNext Post

Related Posts

Collecting Evidence in a Truck Accident Case

According to the United States Department of Transportation, approximately 182,000 people were hurt in nationwide...

The Emotional Toll of Losing a Loved One...

Semi-trucks are massive, powerful vehicles. When fully loaded, a commercial truck can weigh up to...

What are the Most Dangerous Highways for Truck...

A majority of truck drivers will make it through their careers without ever being involved...

phone-handset linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram