One of the most common misconceptions with car and truck accidents is that they fall within the same scope of the law. While they technically fall within the same category, the differences between a car accident and truck accident lawsuit are so significant that they greatly affect the weight that a truck accident lawsuit has.
Treating a truck accident in the same manner as you would with a car accident lawsuit severely limits the settlement that the claimant is awarded. Fortunately, any seasoned semi truck accident lawyer would already know this, but, for the sake of imparting important information, here are some things more people need to know about truck accident lawsuits:
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The Inherent Dangers
Trucks weigh anywhere between 10,000 lbs to 25,000 lbs without a trailer, and they can go as heavy as 80,000 lbs when attached to a trailer. The massive gap in size alone means that trucks need much greater braking power as well as a greater braking distance in order to come to a full stop. The mass of these vehicles can easily compound the forces at play at the time of impact, which in most cases results in a wrongful death and multiple property damage.
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Stricter Standards
Due to their sheer mass, commercial truck drivers are not just held to stricter license requirements, they are also regulated by the Federal Motor CarrierSafety Act, which provides that truck drivers are required to undergo a regular background checks, drug and alcohol tests, and they are allowed to work for a maximum of eight hours a day. The failure to adhere to these standards becomes a potent cause of action for establishing liability on the driver and on the company the driver works for.
Extent of Injuries
Truck accidents are much more serious because of the fact that these accidents often result in fatalities. This is especially true for truck accidents that happen on highways, where the mass and speed of the truck compound to greatly increase the force of impact. The severity of the injuries can often lead to life-altering conditions that directly affects the amount of settlement that is awarded to a claimant. You can click here goldsteinlaw.com to know how an experienced truck accidents attorney can help you secure the compensation that you deserve.
Vicarious Liability
Finally, unlike car accident lawsuits, a truck accident lawsuit can involve more than two parties. Even parties that were not present at the accident can potentially be held liable depending on the circumstances surrounding the accident. For example, if it was found that the truck driver has not been drug and alcohol-tested and was still allowed by the company to travel, the trucking company may also be held liable.
If a truck malfunction was found to be the root cause of the accident, the manufacturer of the faulty truck or part can also be held liable as long as negligence can be established. The additional defendants will also greatly increase the settlement that can be potentially awarded to a claimant.
Truck accident and car accident lawsuits are similar in most ways except that the former involves higher stakes. Insurance companies and defendants recognize this, and thus, they will do what they can to ensure that they pay out as little as possible. In either case, hiring a lawyer and consulting with your lawyer before making any drastic decisions will help you attain the best possible outcome to your lawsuit.