Navigating Complex Truck Accident Claims

When Challenging Cases Stand in the Way of Compensation

Commercial trucks are an integral part of the American economy. Unfortunately, their presence on our roads also presents dangers to other drivers. If you or a loved one have been harmed in a collision with a big rig, you may be wondering how to move forward. The sad fact is that navigating complex truck accident claims can be an uphill battle.

Dealing with insurers can be a headache, and they’ll try their best to pay out as little as possible in compensation. If you end up having to file a truck accident lawsuit, the road ahead is often even more difficult. Fortunately, it’s possible to simplify your situation by understanding certain factors related to the most complex truck accident claims.

Recognize the Intersection of State and Federal Laws

One of the biggest issues that confuses injury victims about truck accident cases is the fact that both federal and state laws are involved. In most personal injury claims, liability rules and statutory requirements come directly from the state. However, there are federal regulations that come into play when a commercial vehicle is involved in a collision.

For instance, the Federal Motor Carrier Safety Administration (FMCSA) sets hours of service, truck maintenance, and driver qualification standards. While the intersection of these regulations with state laws may sound confusing, the additional standards can make proving liability easier. If a truck driver violates a federal regulation, they’ve essentially breached a duty of care.

This is a central aspect of proving liability, so the combination of federal and state laws makes navigating complex truck accident claims easier in certain situations.

Know What to Do After a Truck Accident

Being injured in a truck accident kicks off a long series of events. Most people receive insurance company settlements, but other cases require litigation to secure fair compensation. Regardless of the underlying circumstances of a case, there are specific key steps to follow after a tractor-trailer accident that can increase your chance of substantial compensation:

• Actions at the scene: After ensuring everyone is safe, contact emergency services and document as much as possible with photos, videos, and witness contact information 
• Seek medical attention: Even if you feel fine or your injuries are minor, seeking care is critical since medical documentation can make or break a personal injury claim 
• Notify insurance companies: It’s important to notify insurers of the accident, particularly in no-fault states where the policyholder’s own insurer may cover damages

Navigating complex truck accident claims can be extremely difficult, but it becomes even more challenging when injury victims make mistakes. The simple reality is that factors that affect the success of any personal injury case exist from the accident scene forward. Securing legal counsel can help you avoid many of the most common mistakes when seeking compensation.

Understand That Liability Isn’t Always a One-Way Street

When a person gets injured in a commercial vehicle accident, they often assume that the truck driver is at fault. In many cases, this assumption is correct. However, trucking accidents often involve liability stemming from multiple parties. In fact, there are times when the trucker shares zero responsibility for an accident that occurs. 

Just consider the many different parties whose negligence can lead to a serious big rig accident: 

• Truck driver 
• Third-party maintenance companies 
• Trucking or carrier company 
• Cargo loaders 
• Truck owner 
• Vehicle and parts manufacturers

Learn the Rules of Shared Liability of the Victim

Did you know that passenger vehicle drivers are responsible for a significant portion of large truck accidents? Sometimes, a motorist may drive negligently and cause a tractor-trailer vehicle to collide with an innocent driver in another lane. In many instances, it’s also the victim themselves that contributes to a collision. This is when shared liability rules will come into play.

If an accident victim contributes to their own injuries, the outcome will depend on whether a state recognizes contributory or comparative negligence rules. Most states use the latter, which means that courts determine the percentage of fault each party shares. An eventual court award is then reduced by the injury victim’s relative percentage of fault.

For instance, imagine a scenario where a truck driver ran a red light – but a jury believes the victim could have avoided the accident if they hadn’t been speeding. They might decide that this makes the victim 10% at fault, and this would reduce their award proportionally. A $1 million award would suddenly only be $900,000, but substantial compensation is still possible.

Seeking Legal Assistance

Perhaps the most important step in dealing with complicated truck accident cases is to seek legal counsel. Statistics show that individuals with legal representation secure higher compensation on average. The simple fact is that personal injury attorneys understand the rules of negligence and how to secure maximum compensation.

If you choose to deal with insurers independently, you need to understand that they’ll pay out as little as possible. They will try to direct your conversations in such a way that makes you believe you’re partially responsible for your accident. Insurance adjusters don’t want you to have legal representation – because that gives you a better chance of securing fair compensation.

At SouthShore Injury Attorneys, our dedicated legal team can help you navigate complex truck accident claims. Contact us at (813) 797-5998 to schedule your free consultation.