What Makes 18-Wheeler Accident Cases More Complex Than Regular Auto Accidents?
When a person is involved in an accident with an 18-wheeler, the case often presents a level of difficulty far beyond that of a typical car accident. In Texas, the aftermath of a truck collision can result in significant legal challenges due to various factors that aren’t always present in regular auto accidents.
These factors include the sheer size and weight of the vehicles involved, the intricate nature of trucking regulations, and the multiple parties that may be held liable for damages. Because of these challenges, working with one of our car accident attorneys from Ellis & Thomas, PLLC becomes especially important when dealing with 18-wheeler accidents in Houston, Texas.
The Size and Weight of 18-Wheelers
One of the first things that makes these cases more difficult is the sheer size and weight of 18-wheelers. These trucks weigh up to 80,000 pounds when fully loaded, compared to the average car, which weighs about 3,000 to 4,000 pounds, according to the DOT. In a collision, the immense difference in weight leads to more severe damage and injuries.
Drivers of passenger vehicles may suffer catastrophic injuries because of the overwhelming force that an 18-wheeler can exert during a crash. The nature of the injuries often requires extensive medical treatment, long recovery periods, and sometimes permanent disability. This makes it harder to calculate the full extent of damages.
Furthermore, when pursuing compensation, the larger injuries may lead to more extensive negotiations with insurance companies, adding another layer of difficulty. A car accident attorney in Texas must carefully evaluate both the physical and financial impact of such an accident, taking into account both immediate medical needs and long-term care.
Regulatory Compliance and Oversight in the Trucking Industry
18-wheelers are subject to a wide variety of federal and state regulations designed to maintain safety on the roads. In Texas, the Department of Transportation (TxDOT) and the Federal Motor Carrier Safety Administration (FMCSA) regulate the trucking industry.
These regulations cover everything from the number of hours a driver can be on the road to the maintenance of the truck’s equipment. When a truck driver or company fails to follow these rules, the consequences can be serious.
A car accident attorney dealing with 18-wheeler accidents often has to investigate whether the truck driver was following hours-of-service regulations, whether the truck was properly maintained, or whether the driver had received adequate training. Even a small violation of these regulations can be a major factor in determining liability.
In a regular car accident, negligence is typically more straightforward to identify. In 18-wheeler accidents, however, proving that a trucking company or driver violated regulations often requires detailed evidence and expert testimony. For a car accident attorney, this adds significant time and resources to the case, making it harder to resolve quickly.
Multiple Parties Involved
Another major factor in the intricacy of 18-wheeler accident cases is the number of parties who might be held liable. Unlike regular auto accidents where the responsibility is typically placed on one driver, accidents involving 18-wheelers often involve several parties. These can include:
The truck driver
The trucking company that employed the driver
The manufacturer of the truck or its parts
The company responsible for loading the cargo
Third-party contractors responsible for maintenance
This means that, in many cases, more than one entity may be at fault. Determining which party or parties are responsible requires a thorough investigation. A car accident attorney must be skilled at identifying each responsible party and proving their role in the accident.
This can involve sifting through truck logs, maintenance records, and shipping documents, which are often difficult to obtain and interpret. The involvement of multiple parties also complicates the legal process by making settlement negotiations more difficult.
Insurance companies representing each party might try to shift blame onto others, further complicating an already intricate situation. A car accident attorney must manage these negotiations carefully to secure the best possible outcome for their client.
Insurance Coverage and Compensation Challenges
The insurance process for 18-wheeler accidents is often more intricate than that of regular car accidents. The trucking industry is typically insured with much larger policies, sometimes reaching up to $1 million or more, which is necessary to cover the extensive damages that can arise from these types of crashes.
However, large insurance policies also mean that the trucking companies and their insurers will vigorously fight to avoid paying large settlements or judgments.
Moreover, insurance claims in 18-wheeler accidents often involve multiple insurance companies. The truck driver may have personal auto insurance, the trucking company may have a separate commercial policy, and there could be additional coverage for the freight being transported.
Sorting through these policies and determining the appropriate amount of compensation can take time and effort. A car accident attorney in Texas handling a case involving an 18-wheeler accident must be prepared to deal with large insurance companies that are reluctant to pay out claims.
They must also have a strategy in place to handle cases in which multiple insurance companies may be involved. In regular car accidents, this might not be an issue, as typically only one party's insurance is involved.
The Impact of Technology and Evidence
In the past decade, trucking companies have increasingly adopted technology that tracks a variety of data during a trip. This includes GPS systems that monitor the truck's location, cameras that record the driver’s actions, and electronic logging devices that track the driver’s hours.
While this technology can provide valuable evidence in a case, it can also be difficult to access and interpret. A car accident attorney dealing with 18-wheeler accidents must know how to properly request and analyze this data. For example, if the driver was fatigued, the electronic log might show violations of hours-of-service rules.
If the truck was involved in a sudden lane change or failed to brake in time, the data from the truck’s black box or dash cams may provide context on the cause of the crash. In a regular car accident, the evidence might come down to a police report and eyewitness testimony.
In an 18-wheeler accident, however, there’s often much more digital and technical evidence that must be carefully reviewed to build a case. Having a car accident attorney who knows how to request and interpret this type of evidence is crucial for achieving a successful outcome.
The Severity of Injuries
In many cases, accidents involving 18-wheelers result in far more severe injuries than regular car accidents. Due to the size and weight of the truck, passengers in a smaller vehicle often sustain life-threatening injuries, including:
Traumatic brain injuries
Spinal cord injuries
Broken bones
Internal injuries
Amputations
The severe nature of these injuries means that the costs associated with recovery are far higher than those seen in typical auto accidents. Medical bills, rehabilitation, lost wages, and long-term care can add up quickly, making it essential to calculate damages accurately.
A car accident attorney will need to work with medical professionals to understand the full extent of a person’s injuries and what the long-term impact on their life may be. Furthermore, the emotional toll on the victim and their family can be immense, adding another unique layer.
In many cases, the emotional distress of dealing with a serious injury can factor into the damages awarded. The importance of having a dependable car accident attorney by your side is invaluable and can’t be overstated.
Experienced Legal Advocacy
Dealing with the aftermath of an accident with an 18-wheeler is never easy, but having experienced legal help can significantly improve the chances of a favorable resolution. Located in Houston, Texas, we also provide experienced legal counsel to clients in Fort Bend County, Montgomery County, Brazoria County, and Harris County.
Reach out to us at Ellis & Thomas, PLLC to schedule a consultation.