An accident involving an 18-wheeler is not just a larger version of an ordinary car crash. The size of the truck, the regulations governing commercial drivers, the number of parties that may be responsible, and the severity of the injuries can make these claims considerably more complicated.
For victims in San Antonio and throughout Texas, understanding these differences is important. A trucking company and its insurer may begin investigating a crash almost immediately. The evidence they gather can become critical later, particularly when liability or the value of a claim is disputed.
Here is what makes an 18-wheeler accident claim different from a typical car accident case.
Why Truck Accidents Are More Complicated
A fully loaded 18-wheeler can weigh up to 80,000 pounds, compared with roughly 4,000 pounds for an average passenger vehicle. That enormous difference in weight and size can turn a collision into a catastrophic event.
But the physical impact is only part of the problem.
Commercial trucks operate under federal and state rules that do not apply to ordinary motorists in the same way. The Federal Motor Carrier Safety Administration (FMCSA), for example, establishes requirements involving driver hours, licensing, vehicle maintenance, cargo and drug and alcohol testing.
If a driver or trucking company violated one of these requirements, that violation could become important evidence in a negligence claim.
There May Be More Than One Responsible Party
With a standard car accident, the people involved are often the two drivers. An 18-wheeler collision can involve a much larger group.
Depending on what happened, potentially responsible parties may include:
- The truck driver
- The trucking company
- The owner of the truck
- A cargo loader or shipping company
- A maintenance provider
- The truck or parts manufacturer
Determining who may be liable requires a careful investigation. It is not enough to assume that the person behind the wheel is automatically the only party responsible.
For example, a crash may have been caused by driver fatigue, improper loading, defective equipment, poor maintenance, or a combination of factors.
Trucking Insurance Is Different, Too
Commercial trucking companies generally carry substantially larger insurance policies than individual motorists. The source material notes that commercial policies can range from hundreds of thousands of dollars to several million dollars.
That does not mean getting fair compensation will be easy.
The larger the potential claim, the greater the incentive for insurers and defense lawyers to investigate aggressively and challenge liability or damages. Evidence may be collected soon after the crash, which is why injured victims should take their own legal rights seriously from the beginning.
Evidence Can Make or Break a Truck Accident Claim
Truck accident cases often involve evidence that simply does not exist in an ordinary car crash.
Electronic Logging Devices
Electronic Logging Devices, or ELDs, can contain information about driving time, rest periods, speed and braking activity. These records may help establish what the driver was doing before the collision.
Because important electronic information can potentially be lost or overwritten, preserving evidence early can be critical.
Driver Records
A trucking company may maintain records relating to a driver’s license, medical certification, training, drug and alcohol testing, driving history and previous accidents.
These records can reveal problems with the driver’s qualifications or the company’s hiring and retention practices.
Maintenance and Vehicle Records
Maintenance records can also provide answers. If a mechanical failure contributed to the accident, investigators may need to determine whether the truck was properly inspected and maintained.
In San Antonio, additional evidence may include traffic-camera footage, weather information, road construction records and local truck-route information.
The Injuries Can Be Life-Changing
The consequences of an 18-wheeler collision are often severe. Victims may suffer traumatic brain injuries, spinal cord damage, paralysis, fractures, crush injuries, internal injuries, burns or amputations. Psychological trauma can also have a lasting effect.
The financial consequences may continue long after the accident.
A serious injury can lead to extensive medical treatment, rehabilitation, home or vehicle modifications, reduced earning capacity, pain and suffering, and a diminished quality of life.
Calculating these losses is not always straightforward. Some cases require medical professionals, economic analysts, life-care planners or vocational experts to determine what the victim may need in the years ahead.
Texas Rules Can Affect Your Claim
Texas applies modified comparative negligence in personal injury cases. If the injured person is found partly responsible, their compensation can be reduced according to their percentage of fault, and the state’s 51% bar can prevent recovery when the applicable threshold is reached.
The timing of a claim matters as well. The source material identifies a general two-year statute of limitations for personal injury claims in Texas, while noting that exceptions can apply in certain circumstances, including some claims involving governmental entities or minors.
Waiting too long can put your ability to recover compensation at risk.
Settlement or Trial?
Many truck accident claims are resolved through settlement, but that does not mean an injured person should accept the first offer.
Trucking companies and insurers may make early offers before the full extent of an injury, future treatment or lost income is known.
A serious injury may require compensation for years or even a lifetime. That needs to be considered before a claim is settled.
If negotiations fail, the case may proceed toward litigation. Mediation can also become part of the process, particularly in courts where it is required before trial.
Frequently Asked Questions
Is an 18-wheeler accident claim different from a regular car accident?
Yes. Trucking cases can involve federal regulations, multiple potentially responsible parties, extensive commercial insurance coverage, specialized evidence and expert witnesses.
Who can be held responsible for a truck accident?
Depending on the facts, liability may involve the truck driver, trucking company, vehicle owner, cargo loader, maintenance provider or manufacturer. A proper investigation is necessary to determine who may be responsible.
How long do I have to file a truck accident claim in Texas?
The general statute of limitations for personal injury claims identified in the source material is two years from the date of the accident, although exceptions may apply.
What evidence should be preserved after an 18-wheeler crash?
Important evidence may include ELD information, driver qualification records, maintenance records, photographs, traffic-camera footage, medical records and other information concerning the truck and accident.
Should I accept an insurance settlement immediately?
It is wise to understand the full extent of your injuries and losses before accepting a settlement. An early offer may not account for future medical treatment, lost earning capacity or other long-term damages.
Final Thoughts on What Makes 18-Wheeler Truck Accident Claims Different From Car Accidents in Texas?
An 18-wheeler accident can change a person’s life in a matter of seconds. The legal claim that follows, however, may take much longer to unfold.
There may be several companies involved, mountains of records to examine, federal trucking regulations to consider, and an insurer determined to limit what it pays. That is very different from handling an ordinary two-car collision.
If you or someone you love has been seriously injured in a truck accident, the Law Office of John Nwosu can help you understand what your claim may be worth and what steps should be taken to protect it.
Injured in an 18-Wheeler Accident? Protect Your Claim.
Do not assume the trucking company or its insurance carrier will protect your interests. Their priority is protecting their side of the case.
The Law Office of John Nwosu can investigate the circumstances surrounding your crash, identify potentially responsible parties, preserve important evidence, assess your injuries and pursue the compensation you may be entitled to under Texas law.
