It goes without saying that an auto accident is never good news, no matter what kind of vehicles are involved. But the type of vehicle does sometimes make a meaningful difference. That is especially true when one or more of the vehicles involved is a semi-truck, tractor-trailer, or another large commercial vehicle. Statistics show that most of the people injured in truck crashes are occupants of the other cars involved — not of the trucks themselves (which are very large and tend to give their occupants greater shelter). Unfortunately, these accident victims sometimes assume that their injury claim will proceed just like any other auto accident claim would. But that isn’t necessarily the case. Below, we look at seven important ways semi-truck accidents differ from typical car accidents. Each of these factors makes it especially imperative that you proceed with caution, making every decision from a standpoint of strategy and knowledge. An experienced Bakersfield truck accident lawyer at The Law Offices of Mickey Fine can help.
1. The Damages Tend to Be Greater.
When fully loaded, a semi-truck can weigh 80,000 pounds. When that much weight moves at speeds upwards of 60, 70, or 80 miles per hour — or even at much slower speeds, for that matter — the force of impact is almost unimaginable. The injuries sustained in semi-truck accidents tend to be quite serious. It isn’t uncommon for victims to require extensive hospitalization, ongoing therapies, or even major surgery. Some may suffer life-altering injuries that make it impossible for them to return to their job or way of life. These catastrophic injuries add up to much larger financial damages than you might find in the typical car accident. Moreover, semi-truck accidents tend to involve greater property damage too, as ordinary passenger cars are no match for a massive tractor-trailer.2. They Tend to Involve Additional Parties
Most semi-truck accidents happen because of negligence. Sometimes it’s the truck driver’s negligence. Sometimes it’s the fault of the driver’s employee. Or perhaps a third party is involved. Indeed, it may even be a combination of all the above. Depending on the facts and circumstances surrounding the crash, liability may extend to:- The truck driver
- The carrier company
- The truck manufacturer
- The company that made the cargo inside the truck, if a defect in that cargo contributed to the accident (for example, when cargo explodes or catches fire)
- Other drivers
- Governmental entities (for example, when a dangerous road condition contributes to the crash)
- The insurance companies for each of these parties
3. They Tend to Happen in Different Ways
Semi-trucks are complex pieces of machinery. Some of their mechanics are quite different from those you would find in typical cars. This makes them vulnerable to certain unique types of malfunction or collision. One classic example is the jack-knife accident, which happens when a truck’s trailer (the part where cargo is stored) turns in on the tractor (the part with an engine, where the driver sits) at a roughly 90-degree angle. Jack-knifes happen quickly, and they’re extremely dangerous for everyone in the immediate vicinity. It may be impossible for the driver to retain control of the vehicle. Another example is that of the runaway truck. Owing to their size, semi-trucks can be harder to stop than most other cars, especially when going down an incline or a steep hill (or if the truck is overloaded with cargo). These are just two common types of semi-truck accidents; there are many others. All sorts of things can go wrong when a truck is in motion on the highway, which is why drivers must be very careful and specially trained — and why truck operators must ensure regular preventative maintenance.4. They Tend to Involve Unique or Specific Legal Issues
The trucking industry is heavily regulated and subject to certain special rules. Federal Hours of Service rules, for example, regulate how much time a trucker can spend behind the wheel before taking time off for rest. Drowsy driving is a major problem in the trucking industry, sometimes the result of truck companies over-scheduling their drivers. In those cases, the employer may be held liable for setting unreasonable or unlawful schedules. Other issues that frequently arise in truck accident claims include:- Drunk or drugged driving
- Driving under the influence of prescription or over-the-counter medications
- Distracted driving (e.g. texting, using CB radios, etc.)
- Improperly loaded / stored cargo
- Dangerous or unlawful cargo
- Lack of adequate license (commercial truck drivers require special licenses)
- Inadequate training
- Negligent hiring
- Improper truck maintenance / inspections
- Speeding
- Aggressive driving
- Reckless lane mergers or turns