Why Truck Accident Claims Require Different Evidence Than Car Crashes
Truck accidents are considerably less common than car accidents in Pennsylvania, but the sheer amount of damage they cause makes them a major problem on PA roads. When you’re involved in a truck accident, it’s important to recognize that you need to handle it differently than you’d approach a car crash. They are separate beasts entirely, and failing to gather the right evidence could leave you unable to secure the compensation you deserve.
Choosing the right truck accident lawyer for your truck accident claim can make a significant difference in how your case is handled. Let’s talk about your next steps. Call Carmody and Ging, Injury & Accident Lawyers to discuss the specifics of your case now.
The complexity of truck accidents
Yes, a big part of why truck accidents are so complex is the size of tractor-trailers. They are dozens of times heavier than a standard passenger vehicle, which renders them capable of causing far more damage than just about any crash involving only passenger vehicles. However, it’s not just the size of a truck that makes these crashes so complex. Trucks are completely different in shape and weight distribution, posing additional dangers. The separation of the tractor and trailer allow for jackknife accidents, while the top-heavy weight distribution ramps up the likelihood of a rollover.
Additionally, tractor-trailers may have dozens of tons of cargo when they crash. No matter what type of cargo they have, the damage is likely to be significant. Even if the materials or goods themselves are harmless, they can get strewn across the highway, making subsequent crashes more likely. If a truck is carrying hazardous chemicals or other materials when it crashes, the involved parties may suffer serious health effects. Entire communities can be impacted.
All of these issues make it clear why having the right evidence for a truck accident claim is so important.
Types of evidence that are useful in truck accident claims
To start, you’ll want the same types of evidence you would have for any vehicle crash. Photos and video footage of the crash scene are crucial, including shots of the vehicles from different angles and distances. The police report plays an important role, as do medical reports and documentation of injuries.
In addition, though, truck accidents create several other types of evidence that either aren’t available or aren’t regularly used in other types of vehicle crashes. Electronic logging device records are a valuable resource—they track a driver’s hours of service and help your lawyer figure out whether or not they were in violation of federal regulations at the time of the accident. Your lawyer may also request access to the vehicle’s event data recorder, often shortened to EDR. While almost all modern vehicles have EDRs, accessing and analyzing the data isn’t always worth the time and effort it requires. But with truck accidents, where there’s hundreds of thousands of dollars of damages on the line, EDR logs can be very useful.
Your truck accident lawyer may also set their sights on the company that employs the truck driver. In some cases, accidents are just the result of a poor decision made at the wrong time. In other cases, though, a truck driver may make the wrong decision because they weren’t given the tools to succeed. Trucking companies that rush drivers through training to get them on the road more quickly or force them to drive beyond the point of fatigue put their drivers and everyone else on the road in danger. If your attorney finds evidence of inadequate training, weak hiring protocols, or encouragement of unsafe driving behaviors, that may work in your favor.
Involvement of multiple parties
The involvement of multiple parties is one reason that truck accidents require the right type of evidence. In a standard vehicle crash, you’re generally only looking at both drivers and their insurance companies. Truck accidents involve many other people. You still have the drivers, but there’s also the trucking company, the company that ordered and shipped the cargo, the company that loaded the cargo, the truck manufacturer, and the company contracted to perform truck maintenance. When there are so many potential at-fault parties, you must have sufficient evidence to prove who is at fault.
The amount of money at stake
The size of the average trucking accident claim is another reason that you must have more evidence than you think you need. Trucks with a vehicle weight rating of 10,000 pounds or less must have at least $300,000 of coverage per accident. If the truck has a weight rating greater than 10,000 pounds, coverage must be at least $750,000 per accident. When you compare this to the insurance requirements for passenger vehicles, it’s obvious that truck accident claims are in an entirely separate class.
The trucking company’s legal involvement
Finally, having a trucking company involved adds another hurdle to your fight for compensation. One bad accident can destroy a trucking company’s reputation and leave them unable to get insurance—and for that reason, they often have their own legal teams that work hard to dispute their liability and protect their financial stability. Unfortunately, this makes it far more difficult for victims to get treated fairly in the claims process.
Those who suffer injuries in a Pennsylvania truck accident must be proactive to get a shot at full and fair compensation. An attorney who understands the unique challenges of truck accidents and the complexity that comes with them can be an excellent source of support and advocacy.
Find out how we can help—call Carmody and Ging
Injured in a Pennsylvania truck accident? Let’s talk about your injuries, the accident itself, and what your next steps should be. Schedule a consultation with Carmody and Ging, Injury & Accident Lawyers by calling or sending us a message via our online contact form.