How Truck Accidents Differ from Car Accidents

Truck accidents are not as common as car accidents, and that’s a good thing. Injuries in truck accidents are often much more severe. But that is not the only factor that sets truck accidents apart.

If you have been injured in a truck accident, there are some factors you need to consider that could affect your ability to recover compensation for your losses. It is wise to choose an attorney who understands the differences and has considerable experience helping accident victims achieve the recovery they deserve.

The Laws of Physics Work Against You

The first set of differences between car and truck accidents are the obvious ones. A tractor-trailer can easily weigh up to 80,000 pounds while a car might weigh 4,000. In a collision, the car will be at a substantial disadvantage. In fact, even the most sturdy passenger vehicle can usually not withstand the impact of a semi. This is why the injuries in truck accidents so often prove fatal.

Because of their weight and configuration, trucks take much longer to come to a stop in an emergency. Their setup makes it more difficult for drivers to see the road and other cars around them. A truck’s blind spot can hide an entire vehicle, making every turn and every lane change a dangerous undertaking. Even if a truck driver sees an obstruction, it can take nearly twice as long to stop a truck as it does to brake to a stop in a car. Not only does the increased stopping distance make collisions more likely, it also increases the speed at which a collision occurs, which leads to greater injuries.

The laws of physics also work against trucks in other ways. Tractor-trailers pull substantial weight in a separate vehicle, and the trailer can careen out of control, causing a jackknife accident. The tractor travels in a different direction than the tractor, potentially trapping passenger vehicles in between. With a higher center of gravity, big trucks are also more prone to rollover accidents. When a truck rolls over a passenger vehicle, the lighter vehicle is going to suffer much more damage in the encounter.

Impact of Speed in a Truck Accident Case

There is no doubt that some of the most serious accidents in the Decatur and greater Atlanta area are those that involve trucks. The injuries can be horrific and often lead to wrongful death.

When we consider the impact an 18-wheeler can have on a smaller vehicle, we tend to think of the difference in size. We also think about the ways tractor-trailers can be unstable. However, we often overlook the role that speed plays in truck accidents. 

Speed increases the dangers that trucks pose on our roads—and unlike other causes that contribute to the severity of an accident, speed is a factor that is controlled by the driver and the trucking company they work for. For these reasons, it is crucial to understand the impact that speed can have on a truck accident case.

Speed Can Lead to Liability for Commercial Trucking Companies

One reason why corporate lawyers and insurance investigators seem to appear so quickly after a truck accident is that they know tremendous money is at stake, and they want to do all they can to contain costs. If there is any evidence that connects the trucking company to the cause of the accident, they don’t want you to find it because that could allow the company to be held legally liable for the truck collision. If the company is liable, it will have to pay thousands or even millions of dollars in damages.

Speed is a factor that could lead to a finding of liability, so they don’t want accident victims to have evidence about it. They may try to tell victims that they don’t need to pay a lawyer because they’ll offer them money right away. Of course, the money they offer won’t be nearly as much as what the accident victim should be entitled to receive, because that’s how they keep costs down. They will hope no one considers evidence in settlement negotiations or court.

But if you work with a legal team to gather evidence that shows a driver was speeding, then you are able to show how the driver breached a duty to you and others on the road, and you can continue on to show how that irresponsible conduct triggered the collision. When you can prove that irresponsible conduct (a breach of duty) caused an accident and the resulting injuries, you can recover compensation. The driver may have been the one responsible for driving too fast, but if the driver is an employee of a company, the company can be held responsible for the actions of its employee. Even if the truck driver was not an employee, if their fast driving was encouraged or induced by the trucking company, your attorney could work to hold the company liable. 

Speed Increases the Severity of Injuries

Speeding affects truck accidents in two primary ways. First, speeding can increase the likelihood of a collision. When you can prove that if the truck driver had been driving at the appropriate speed, the collision would not have occurred, you show that speeding is the cause of the accident. 

However, the true problem is not the collision itself, but the harm it caused to you due to injuries and property damage. Regardless of whether a truck driver’s speed directly caused the crash, it may well have caused your injuries or made them worse than they otherwise would have been.

Speed dramatically increases the force of impact in a truck accident. If you double the speed of a vehicle, the force of impact is four times greater. That has a significant impact on the outcome of an accident and the severity of the resulting injuries. An experienced truck accident attorney will often work with experts to testify to these effects and the injuries they cause.

Speeding is Not Just About What’s on the Sign

Driving at a rate above the posted speed limit, whether the standard limit or a special limit set for a construction or emergency zone, would definitely be considered speeding. However, that is not the only situation where a truck driver’s speed could be held as the cause of an accident. 

All drivers have an obligation to drive at a speed that is safe and prudent. Specifically, Section 40-6-180 of the Official Code of Georgia prohibits drivers from operating “at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing.”

In other words, if the roads are slick due to rain or ice, or there are curves, hills, or other features that interfere with visibility, all drivers are expected to drive slower than the posted limit if necessary to keep their vehicle at a speed that is reasonable to maintain safety under the conditions.

A driver—and by extension, the trucking company—can be held liable for speeding even when the truck is operating under the posted limit, if the driver should have slowed down to account for the conditions.

How the Victim’s Speed Can Impact Recovery in a Truck Accident Case

As a practical matter, the flow of all traffic is often moving above posted limits or at a pace that is too fast to be safe based on the current conditions. So, what happens if a court determines that both the truck driver and the driver of the vehicle hit by the truck were speeding, and that the speed of both drivers contributed to the cause of the collision and resulting injuries? It then becomes necessary to determine the percentage of fault attributed to each factor that contributed to the accident.

If the accident victim’s share of fault is less than 50%, they can still recover compensation from the other responsible parties. However, the amount the victim receives in that situation would be reduced by the percentage of their share of fault. If, for example, the driver of a car hit by a truck was found to be 5% at fault for speeding, their damage award would be reduced by 5%.

More Parties Can Be Liable for the Accident

Another set of factors that differentiates truck accidents involves the issue of liability. In a car accident, the driver of the car is usually the owner and is also in charge of maintenance. In a truck accident, the vehicle may have a different owner and they may hire a company to handle maintenance on the truck. The trailer may have a different owner. There are many different people who may be responsible for the conditions that caused a truck accident, so you need to be prepared to investigate thoroughly and work to hold all responsible parties accountable.

Those who could be found legally liable for injuries from a truck accident include:

• The owner of the truck
• The driver
• The company that performs maintenance on the truck
• The company that loaded the truck
• The manufacturers of components on the truck
• A third party who created a hazardous condition
• The company that certified the driver’s credentials

While the opportunity to hold more parties accountable creates a deeper pool of resources for compensation, it also gives each party the opportunity to blame someone else, which makes the case more challenging.

Corporate Attorneys May Be Involved Right from the Start

Most trucks operate in commercial service, and many of them are used by very large corporations. These large corporations have large legal staffs. So when a situation arises that could expose the large company to liability, members of the large legal staff may appear on the scene quite suddenly to do everything they can to reduce corporate costs by reducing the potential for liability.

They may prevent the driver of a vehicle from making a statement and cleaning up evidence at the scene before potential claimants have the chance to record it. They may also try to get accident victims to say or do something that gives the company grounds to deny liability or that even shifts the entire blame for the accident onto the victim.

When you are in a position where you will be fighting against an experienced legal team to protect your rights, you need equally powerful legal representation on your side. Michael M. Day Law Firm, LLC has the knowledge and experience to successfully out-maneuver corporate legal tactics to achieve fair compensation for accident victims.

Truck Accidents Can Be Very Complex

With so many parties potentially involved and so many factors that can combine to cause a truck accident, these cases are often tremendously complex. For instance, a truck owner could be liable for a range of reasons. They might have imposed unrealistic goals or set a dangerous schedule for the driver. The owner might not have properly assessed the driver’s qualifications or provided appropriate training. Or the owner might have delayed performing necessary inspections and maintenance to cut costs.

Often, it is necessary to bring in experts to assess all the factors that contributed to an accident, particularly when dealing with mechanical failures. Federal trucking regulations may also come into play, which further adds to the complexity. Moreover, because the injuries in truck accidents are often so severe, the issue of damages also becomes more complex.

Experience Matters When it Comes to Recovery After a Truck Accident

With truck accident cases so much more serious and complex than the average car accident case, it is important to be prepared to manage the additional challenges. You need a personal injury attorney with the experience, knowledge, and skill to stand up to insurance companies and corporate legal departments and achieve full recovery for those who have suffered as a result of the accident. Michael M. Day Law Firm, LLC understands truck accident cases, and we have helped victims receive compensation for the suffering and losses they have endured after devastating truck accidents. To discuss what might be possible in your case, contact us today for a free case evaluation and consultation.