6 Reasons Why Truck Accident Claims Are Harder To Pursue
Truck accidents can be some of the most catastrophic and deadly accidents on the road. Due to the sheer size and weight of commercial trucks, these accidents result in severe injuries and fatalities. Pursuing truck accident claims can be complex and challenging, requiring significant legal expertise and resources. Understanding these challenges can help victims of truck accidents better navigate the claims process and obtain the compensation they deserve. Get help from experienced truck accident lawyers to protect yourself from fraudulent insurance companies.
Challenges Of Truck Accidents Claims
Here are the reasons why truck accident claims are harder to pursue:
Multiple Parties Involved
Truck accidents can involve multiple parties, which can make it difficult to determine who is responsible for the accident. In addition to the truck driver, there may be a trucking company, a truck or truck parts manufacturer, cargo loaders, and even government entities responsible for road maintenance and safety. Each of these parties may have a role in causing the accident and share some level of liability.
The truck driver might be at fault if they were driving under the influence, speeding, or driving recklessly. However, the trucking company may also share liability if they failed to properly maintain the truck or ensure that their driver followed safety regulations for processing the truck accident claims.
The truck or truck parts manufacturer may also be liable if a defective part caused the accident. Cargo loaders may also share liability if they improperly load the cargo, causing the truck to become unbalanced and difficult to control.
Government entities may also be responsible if poor road maintenance or inadequate signage contributed to the accident. Determining which parties are responsible for the accident and to what extent can be a complex process that requires investigating and analyzing various factors.
In addition to determining liability, each party may have their insurance, legal team, and resources to defend themselves against a claim. This can further complicate the process of pursuing a truck accident claim.
The Severity Of Injuries
Truck accidents can result in severe injuries due to the sheer size and weight of the vehicle involved. These injuries can range from cuts and bruises for broken bones, spinal cord injuries, brain injuries, and even death can happen. The severity of these injuries can significantly impact the claims process.
Severe injuries from truck accident claims can require extensive medical treatment, ongoing care, and long-term rehabilitation. This can result in significant medical bills and lost wages. In some cases, the injured party may be permanently disabled and unable to work, resulting in a loss of income for the rest of their life.
Regulations And Compliance
Trucking is a highly regulated industry in the United States, and numerous federal and state regulations apply to trucking companies and their drivers. These regulations cover everything from driver qualifications to vehicle maintenance to service hours.
For example, the Federal Motor Carrier Safety Administration (FMCSA) sets rules for the number of hours a driver can operate a commercial motor vehicle and requirements for rest breaks and sleep periods. The FMCSA also requires regular vehicle inspections and maintenance and sets driver qualifications and training standards.
When a trucking company or driver violates one of these regulations, it can make pursuing a claim more difficult. For example, if a driver is found to have violated hours of service rules, it may be more difficult to prove that the driver was fatigued at the time of the accident.
Similarly, if a trucking company fails to properly maintain its vehicles, it may be more difficult to prove that a mechanical failure was a factor in the accident.
Preservation Of Evidence
Truck accident claims rely heavily on evidence, including driver logs, maintenance records, and witness statements. However, obtaining and preserving this evidence can be challenging, particularly when dealing with trucking companies and their insurance carriers.
Insurance Company Tactics
Insurance companies for trucking companies often have significant resources and experience in defending against claims. They may employ tactics such as low settlement offers or shifting blame onto victims to avoid liability. These tactics can make it more challenging for victims to obtain the compensation they deserve.
Legal Complexity
Truck accident claims can be legally complex, requiring a thorough understanding of federal and state regulations, insurance policies, and case law. Having experienced legal representation is crucial in navigating this complexity and obtaining a favorable outcome.
Next Steps
If you or your loved one have been involved in a truck accident, seeking legal representation is important. Don’t try to navigate the complexities of truck accident claims on your own. Contact experienced truck accident lawyers today to discuss your case and get the compensation you deserve.
Wrapping Up:
All of these factors can make it more challenging to pursue the truck accident claims, as the damages may be substantial, and They require extensive documentation and evidence to support them. Additionally, insurance companies may downplay the severity of the injuries or argue that they were pre-existing, further complicating the claims process.
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