Driving through bustling areas like Abilene, Midland, and Odessa often means sharing the roads with commercial trucks, from delivery vans to massive 18-wheelers. While these vehicles are essential for transporting goods and keeping businesses running, they can also cause serious accidents when something goes wrong. If you’ve been injured in an accident involving a company-owned truck, you may already know how overwhelming the claims process can be.
Dealing with serious injuries is hard enough without worrying about complex legal issues. Commercial truck claims are different from ordinary car accidents in many ways, and they come with their own challenges. The good news? With the right information and a skilled attorney, you can protect yourself, hold the responsible parties accountable, and start recovering what you’ve lost.
Here’s what you need to know about pursuing a commercial truck claim.
What Makes Commercial Truck Claims Unique?
When a commercial truck is involved in an accident, determining liability and securing compensation isn’t as simple as filing a claim with another driver’s insurance. Several key factors make these claims more complex:
1. Employer Liability and the Concept of “Vicarious Liability”
Unlike regular car accidents where the liability typically falls on the at-fault driver, commercial truck accidents often involve the driver’s employer. Under a legal principle called vicarious liability, employers can be held responsible for their employees’ actions when performing job-related duties.
For instance, if a delivery truck driver causes an accident while dropping off packages, their employer may be liable for damages—even if the driver was the one directly at fault. However, determining whether the employer can be held accountable often requires careful investigation into employment records and job responsibilities.
It’s also important to note that employers sometimes try to distance themselves from liability. They may claim the driver is an independent contractor instead of an employee, complicating your case further. An experienced personal injury attorney can help untangle these details and work to ensure the appropriate parties are held responsible.
2. Insurance for Commercial Vehicles Is More Complex
Commercial trucks usually carry insurance policies with higher coverage limits than standard passenger vehicles. This is because large truck accidents typically result in far greater damages, from severe injuries to extensive property destruction. While these higher policy limits may seem like an advantage, they also mean you’re up against powerful insurance companies with a lot to lose.
These insurance providers often employ teams of adjusters and lawyers whose main goal is to minimize payouts. They might push for a quick settlement that doesn’t fully cover your medical bills, lost wages, or other damages. Navigating this process without legal guidance can be risky, as you may unknowingly accept an offer that’s far less than what you deserve.
3. Evidence Is Critical, but Harder to Gather
Building a strong commercial truck claim requires gathering robust evidence to prove fault and damages. This includes:
- Maintenance Records: Was the truck properly maintained and inspected? Neglected maintenance can point to negligence on the part of the trucking company.
- Driver Logs: Federal regulations, such as those from the FMCSA, limit how many hours a driver can be on the road without a break. Driver fatigue is a significant factor in many accidents, and violations of these hours-of-service rules can be important evidence in your case.
- Electronic Data from the Truck (Black Boxes): Modern trucks are often equipped with devices that record data like speed, braking, and other operational details. This electronic data can provide a clearer picture of what happened before the crash.
- Cargo Records: If improperly loaded or secured cargo contributed to the accident, records can pinpoint who was responsible.
Unfortunately, obtaining these records isn’t always straightforward. Trucking companies and insurers might stall or attempt to withhold critical information. Without legal representation, accessing everything you need to build a strong case can be difficult.
4. Multiple Parties Could Be Liable
In a typical car accident, liability usually rests on the shoulders of the drivers involved. However, in a commercial truck accident, multiple parties might share the blame. These could include:
- The truck driver
- The employer or trucking company
- A third-party maintenance provider
- The manufacturer of defective truck parts
- Cargo loaders, if improperly loaded goods caused the accident
Pinpointing who is responsible involves extensive investigation. Additionally, each party will likely have their own insurance provider and legal team working to protect their interests, which can make negotiations particularly challenging.
Why Hiring an Experienced Attorney Is Critical
Given the complexities of a commercial truck claim, trying to handle things on your own can quickly become overwhelming. Here’s how an attorney can make all the difference:
- Thorough Investigations: An experienced personal injury lawyer will know where to look for key evidence, from driver logs to black box data. If needed, they can also hire expert witnesses, like accident reconstruction specialists.
- Negotiating with Insurance Companies: Insurers are less likely to play hardball with experienced attorneys. Your lawyer can handle negotiations and ensure you’re not pressured into settling for less than you’re owed.
- Handling Legal Deadlines and Procedures: Commercial truck claims often involve federal regulations and specific legal timelines. Missing just one of these deadlines could jeopardize your case. An attorney will ensure everything is handled on time.
- Maximizing Compensation: Beyond proving fault, a lawyer can help accurately calculate the full extent of your damages, including medical expenses, lost wages, and the pain and suffering caused by your injuries.
Steps to Take After a Commercial Truck Accident
If you’ve been injured in an accident involving a company vehicle, the steps you take immediately after the crash can significantly impact your claim. Here’s what you should do:
- Seek Medical Attention: Even if your injuries seem minor, get checked out. Some injuries, like whiplash or internal trauma, may not show symptoms right away.
- Document the Scene: Take photos of the vehicles, skid marks, road conditions, and your injuries. If possible, gather contact information from witnesses.
- Request a Copy of the Police Report: This document can include valuable details about the accident and who may have been at fault.
- Don’t Talk to Insurance Adjusters: Be cautious when speaking with the trucking company’s insurer. They might try to use your statements against you.
- Contact an Attorney Quickly: The sooner you get legal help, the better positioned you’ll be to protect your rights and gather evidence before it disappears.
18-Wheeler & Semi-Truck Accident Claims in West Texas
Taking the right steps after an accident with a commercial truck is crucial. At Hanna Allen, PLLC, based right here in Abilene, Texas, we are dedicated to supporting victims through complex legal processes. If you've been involved in such an accident, our experienced team is ready to help you navigate your claim, push for fair compensation, and ensure your rights are protected. Don’t leave your future to chance—contact us today at (432) 220-2649 for a consultation, and let’s discuss how we can assist you on your road to recovery.