What Factors Make Truck Accident Cases Complicated to Litigate?
Truck accident cases can be some of the most challenging and complicated legal matters to handle. These cases often involve devastating injuries, high financial stakes, and numerous legal details. With so many aspects involved, these cases can quickly evolve into a legal nightmare, causing stress and frustration for both the lawyers and the victims.
At Abrahamson Law Office, located in Omaha, Nebraska, we have extensive experience litigating truck accident cases, and we understand the many factors that can complicate these claims. Our attorneys are committed to helping you understand the specific reasons why truck accident cases are uniquely challenging and what you should consider if you’re pursuing a claim.
Factors That Can Complicate Truck Accident Litigation
Unlike a standard car accident case, resolving a truck accident claim requires a nuanced understanding of federal regulations, multiple parties, extensive evidence gathering, and the potential for substantial damages. The most common factors that often contribute to the complicated litigation for truck accidents include the following.
Numerous Potential Parties Are Often Involved
One of the most significant factors that often complicates truck accident cases is determining who is legally responsible for the damages. Unlike typical car accident claims, truck accidents often involve multiple parties. This can include any number of the following:
The truck driver: The driver could be at fault due to negligence, such as fatigue, distracted driving, or violating traffic laws.
The trucking company: The company may bear liability if they failed to properly train or supervise their drivers, or if their policies contributed to unsafe practices.
Cargo loading companies: Improperly loaded or unsecured cargo can lead to accidents, and the company responsible for loading the cargo could be held accountable.
Truck manufacturers: If a mechanical failure caused the accident, the company that designed or manufactured the defective truck part might be liable.
Maintenance companies: If the truck wasn’t properly serviced or maintained, the company hired to perform the maintenance could share responsibility.
Determining liability often requires an investigation into every aspect of the trucking operation. These overlapping responsibilities from multiple parties make truck accident cases significantly more challenging to untangle.
Trucking Regulations and Compliance Issues
The trucking industry is heavily regulated by federal and state laws, including the Federal Motor Carrier Safety Administration (FMCSA) regulations. These rules govern aspects such as:
Driver work hours (Hours of Service rules)
Truck weight limits
Maintenance requirements
Licensing and training standards
When a truck accident occurs, you and your attorney will need to investigate whether any of these regulations were violated and how those violations may have contributed to the accident. This often requires analyzing logbooks, black box data, inspection records, or additional complex evidence that requires specialized knowledge to interpret.
The Severity of Your Injuries and Damages
Truck accidents frequently result in catastrophic injuries, given the significant size and weight disparity between trucks and passenger vehicles. Some of the common injuries that stem from truck accidents include:
Traumatic brain injuries (TBIs)
Spinal cord injuries
Severe burns
Amputations
Internal organ damage
These types of injuries lead to extensive medical treatment, long-term rehabilitation, and significant financial burdens for the victims and their families. Calculating fair compensation in these cases is complicated, as victims will need to consider not only their current expenses but also future medical costs, potential lost wages, diminished earning capacity, and pain and suffering for emotional distress.
Insurance Issues and Policy Limits
Insurance coverage in truck accident cases is typically much higher than in standard car accidents, which reflects the potential for catastrophic damage. While this might seem like a benefit, it often leads to aggressive tactics from insurance companies that seek to minimize payouts. Trucking companies tend to have teams of adjusters and attorneys who work quickly to protect their interests, often pressuring victims to settle for less than they deserve.
Identifying and negotiating with multiple insurance companies, such as those covering the truck driver, the trucking company, and any other liable parties, often further complicates the process. If you've been involved in a truck accident, consider consulting with an experienced truck accident attorney before speaking with an insurance company or adjuster.
Extensive Evidence is Often Required
The evidence necessary to prove negligence in a truck accident case is both vast and varied. While gathering and analyzing evidence is crucial in any personal injury claim, critical evidence in truck accident cases must be preserved quickly to bolster the victim’s claim. Much of this evidence is held by the trucking company or other parties, which can increase the difficulty of obtaining it. However, the evidence you should attempt to recover includes:
Data from the truck’s black box: Commercial trucks are often equipped with electronic data recorders (EDRs) or black box systems. These devices contain critical information about the vehicle's speed, braking patterns, and other data that can help establish liability.
Driver logbooks: Whether physical or electronic, these records are essential for determining whether the truck driver adhered to hours of service regulations.
Maintenance and inspection records: Reviewing these documents can identify whether the truck was properly maintained and safe to operate.
Dashcam footage: Many commercial vehicles include dashboard cameras that can provide valuable firsthand accounts of what occurred.
Accident scene investigation reports: A thorough reconstruction of the collision, often requiring expert analysis, can help establish the sequence of events and identify contributing factors.
Since trucking companies and their insurers will do everything possible to safeguard their interests, obtaining this evidence can be exceedingly difficult. Some companies may even attempt to tamper with or withhold critical information. That’s why it’s crucial to issue a legal preservation request, or “spoliation letter,” as soon as possible and to work with a skilled legal team who can act in your best interests.
Jurisdictional & Venue Challenges
Truck accidents that occur across state lines often present jurisdictional challenges, creating legal disputes about where the case should be filed. The location of the accident, the plaintiff's residence, and the state in which the trucking company is based all come into play.
These cases typically require an attorney to understand and apply the laws of different states. Determining which court has jurisdiction can be a time-consuming and complicated process, especially when coordinating between various parties.
The Role of Federal and State Regulations
Truck drivers and trucking companies operate under a stringent set of federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA), for example, enforces rules related to driver hours, vehicle maintenance, and cargo securement. These laws are designed to promote safety on the roads, but they also add layers of complexity when a truck accident occurs.
To litigate truck accident cases effectively, we must thoroughly investigate whether any of these regulations were violated and how those violations might have contributed to the crash.
For instance, if a driver exceeded the hours of service limits or failed to document their activities properly in a logbook, that could be a critical factor in the case. However, identifying these violations requires extensive resources, access to the right documentation, and experience in handling truck accident cases.
Contact a Skilled Truck Accident Attorney Today
Truck accident cases are undeniably complicated to litigate. However, our attorneys at Abrahamson Law Office have the experience and knowledge to guide you through every step of the process. From investigating the accident and gathering evidence to fighting for you in court, we are committed to seeking justice on your behalf.
If you or a loved one has been injured in a truck accident, reach out to us today to schedule a consultation. Located in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, and the surrounding areas. Contact us today to schedule a consultation.