Is A Trucking Accident Really Different From A Car Accident?

August 29, 2009
By Kathleen W. Simcoe on August 29, 2009 7:49 PM |

Yes, trucking accidents differ greatly not only in the severity of the injuries but in the way insurance companies handle them. The metro Atlanta area is a hub for southeast commercial trucking companies creating heavy semi truck traffic on our interstates, especially around the Perimeter on I-285. Loaded 18 wheelers can weigh up to 80,000 pounds compared to the weight of an average car at 3-5,000 pounds. As you can imagine, a collision between these two motor vehicles could be deadly.

In 2007 in Georgia, almost 30% of the trucking accidents with fatalities occurred on an interstate highway. The law of physics tells us that tractor trailer trucks handle differently from cars and require more space for turning, braking and merging, but did you know that there is usually more than one factor for the cause of trucking accidents? For example, semi truck accidents often are the result of driver fatigue coupled with poor truck maintenance or an over-loaded trailer. Frequently, the triggering event for a semi truck accident is a moving violation such as improper lane change or following too closely. When a trucking accident occurs, the first call to the trucking company about the accident leads to an immediate call to their attorney and insurance company. Trucking companies react quickly to limit damages and will aggressively defend lawsuits arising out of trucking accidents.

Commercial vehicle crashes require preservation of evidence, accident reconstruction, complex medical evidence of injuries and a good understanding of the Federal Motor Carrier Safety Act which governs commercial trucking companies and drivers with rules and regulations which help keep us safe.

Many lawyers are not prepared for the complexities of a trucking case, failing to thoroughly investigate and protect evidence. A trial lawyer must be willing to devote extensive time and energy to handling truck accident cases in addition to having a strong familiarity with the commercial trucking industry insurance issues. Because trucks travel between states, these cases often end up in Federal court which require knowledge of Federal rules of procedure.

Resources:

How to Choose a Lawyer

Federal Motor Carrier Safety Administration Progress Report