November 8, 2024 | Article by Chain | Cohn | Clark staff Social Share
To collect damages for any kind of motor vehicle accident, you need to prove that the other driver was negligent. To be negligent is to act without the ordinary care a situation requires. For example, if you run a red light and cause an accident, you are negligent because you ignored the requirement to stop.
The legal process of proving negligence is the same for car accidents and truck accidents. But beyond this, there are many important differences in the legal implications of a truck crash compared to a car crash, which is why it’s crucial to hire a semi-truck crash lawyer who understands these complexities.
In this FAQ, we’ll cover five critical distinctions.
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If you were injured or lost a loved one in a crash caused by a careless trucker, you may be struggling with medical bills and hurting from lost paychecks—even as you’re trying to recover from your injuries.
The truck accident attorneys at Chain | Cohn | Clark can help you pursue the compensation you’re entitled to.
Contact us today for a free, no-obligation review of your case.
1. Potential for Serious Injuries
The most obvious difference between a typical car accident and a semi-truck collision is the tremendous size mismatch. A fully loaded big rig weighs 20 to 30 times as much as a sedan or SUV.
This size disparity means there’s a higher likelihood of serious injuries in Bakersfield and Kern County commercial truck collisions compared to crashes between two passenger cars.
More serious injuries mean that there is often more significant compensation at stake in a truck versus a car accident.
2. State and Federal Regulations
Another key difference between truck and car accidents is the number of regulations that apply to truck crashes. A lapse in following these rules may make a truck driver or their employer liable in the event of an accident.
The California Vehicle Code (CVC) includes many regulations that apply to commercial trucking but not to the average driver, such as . . .
- Stricter rules for driving under the influence (DUI)
- Laws related to the transportation of hazardous materials
- Vehicle size and weight limits
The Federal Motor Carrier Safety Administration (FMCSA)—the national agency responsible for keeping commercial transportation safe—also has extensive regulations that apply to . . .
- Commercial truck drivers
- The hours truckers work
- Trucking procedures
- Transportation companies
- Commercial vehicles
- Insurance requirements
All California drivers must have liability insurance. The state minimum coverage for liability is $30,000. After January 1, 2025, this amount will increase to $60,000. However, the FMCSA requires commercial truckers to carry a minimum of $750,000 in liability insurance.
Once again, this means that truck accidents often involve higher dollar amounts than typical car accidents.
3. Involvement of Multiple Parties
A truck accident may involve three or more parties. A car crash, by comparison, usually only involves two parties—the two drivers.
Why does this matter?
- In a regular car accident, the question is which driver was at fault.
- In a truck accident, there are, of course, questions related to the driver:
- Did they violate any traffic laws?
- Were drugs or alcohol involved?
- Were they driving longer in a day or week than FMCSA regulations allow?
- Did they complete their required pre-trip inspection?
But there are also questions related to . . .
- The trucking company. For example, did they properly investigate the driver’s safety record before hiring? Were the vehicle and trailer properly maintained?
- The shipper. For example, did the shipper or whoever loaded the trailer follow weight and axle limits? Did they properly balance and secure the load?
- The mechanic. For example, did the mechanic cut corners or use inferior parts in maintenance or making repairs?
A truck accident may involve any or all of these parties—and if any one of them was negligent, they may be liable for damages.
4. Aggressive Defense
The net effect of so many regulations and parties being involved in truck accidents is that it’s often easier for an injured party to prove negligence and harder for truckers and their employers to defend against injury claims.
But a big rig crash has repercussions related to a driver’s livelihood, a freight company’s reputation, and—above all—a high price tag.
With perhaps millions of dollars at stake, the insurance companies on the hook for damages in a truck collision typically devote far more resources to defending truck versus car accidents.
If you have an injury or wrongful death claim against a truck driver and a transportation operation, you may be facing a team of lawyers, investigators, and negotiators.
5. Investigation and Legal Resources
It may be relatively easy to prove negligence in a truck accident versus a car accident, but the level of investigation and legal resources needed is much greater.
If you were injured in a semi-truck crash in Bakersfield or Kern County, the truck accident lawyers at Chain | Cohn | Clark can assist you with . . .
- Determining the parties who are liable for your accident
- Collecting the evidence required to prove your case
- Retaining expert witnesses for accident reconstruction
- Negotiating with insurance companies and attorneys
- Litigating your case in court, if necessary
Chain | Cohn | Clark’s lawyers are known and respected by the legal community and the insurance industry in Kern County. With us on your side, you have a much better chance of recovering the compensation you deserve.
Contact us today for a free, no-obligation consultation.
