At Smith & Lee, we can represent you whether you have been injured in a car or truck accident. These two types of cases are very different, and our experienced attorneys understand the legal nuances that apply to a car vs. truck accident.
Let’s explore why car and pickup crashes are so different from collisions with semis, 18-wheelers, and other large commercial vehicles. This should give you a good idea of what to consider when picking a qualified Rockwall County car accident attorney or big rig crash lawyer.
Our law firm is ready to help you when you need an advocate to ensure you receive a fair settlement and the justice you deserve. As always, we want to do right by you. For a free consultation, contact our law firm today.
Understanding the Core Differences: Car vs. Truck Accident Dynamics in Texas
A significant difference between a car accident vs. truck accident is how the size and weight of these two vehicles transfer energy in a collision.
Why the Weight of a Commercial Truck Matters
Semi-trucks and 18-wheelers take longer to come to a stop because of their extra weight and cannot maneuver fast enough to avoid sudden hazards. This means that they can do considerable damage at low or high speeds. Smaller vehicles have less of a protective buffer than large vehicles and absorb more of an impact upon contact.
A 4,000-pound passenger vehicle is no match for an 80,000-pound commercial truck, which is why motorists often suffer more vehicle damage and catastrophic injuries than truck drivers do.
The Risk of a Higher Center of Gravity on Big Trucks
Additionally, trucks are taller and have a higher center of gravity, which can make them more prone to tipping over or vehicles being crushed by a truck’s underride. Given the increased severity of a truck accident and resulting losses, it is essential to have an experienced legal team to fight for you while you heal.
How Injury Severity Differs in Car Accident vs. Truck Accident Cases
Injuries are often less severe in a car accidents compared to truck accident. Since cars are more evenly matched for size and weight, victims are more likely to sustain injuries that they may recover from within a reasonable amount of time. However, truck crashes are more likely to result in catastrophic injuries and affect victims for the rest of their lives. There is also a higher risk of fatalities in truck accidents.
The Kinds of Severe Injuries Associated with Large Trucks
Some common injuries that are associated with truck accidents may include:
- Traumatic brain injuries (TBI)
- Spinal injuries, which could include paralysis
- Complex fractures
- Thermal and chemical burns
- Amputation
- Internal Injuries
Severe Injuries Mean Higher Medical Bills
Injuries from truck accidents often require extensive emergency treatment and ongoing medical care. The cost of surgeries, medical equipment, rehabilitation, medications, and more can be exorbitant, and it’s critical to hire a firm that knows how to recover compensation to cover these losses.
Smith & Lee has extensive experience with these cases and works closely with medical professionals to ensure fair compensation and comprehensive advocacy so you can get the care you need.
Complex Multi-Party Liability: Who Shares Fault After a Texas Commercial Wreck?
Besides size and weight disparities in car and truck accidents, how liability is determined is one of the biggest differences between these two types of accidents.
Car Wreck Liability Tends to Be More Straightforward
In driver-to-driver collisions, the party who caused the accident is generally at fault and liable for the victim’s injuries. Both parties may even share fault, in which case liability and compensation are determined by Texas’ modified comparative negligence laws (Texas Civil Practice and Remedies Code Chapter 33).
Multiple Parties Could Be Liable in a Commercial Trucking Wreck
When it comes to truck accidents, liability is much more complex and layered. Truck drivers, trucking companies, cargo loaders, mechanics, and/or manufacturers can be held liable if they were negligent in their duties to ensure safety.
They are also expected to follow Federal Motor Carrier Safety Administration (FMCSA) rules, and failing to do so could result in fines and other penalties. Determining who is at fault can be complicated and requires a thorough investigation that can take time.
How a Motor Vehicle Accident Attorney Can Help
Smith & Lee work tirelessly to preserve evidence and find the party responsible for the accident. Once we do, we build a strong case that shows the level of care they were supposed to show you, how they violated those obligations, and that it caused an accident that led to you suffering damages.
We tailor your claim to your situation and back everything up with evidence. A truck accident lawyer near you protects your interests and rights when negotiating with insurance as well.
Insurance Scale: Standard Auto Coverage vs. Multi-Million Dollar Commercial Policies
Texas drivers are required to have auto insurance and meet mandatory state minimums. The Texas Department of Insurance requires drivers to have a minimum liability coverage of $30,000 per person. $60,000 per accident, and $25,000 for property damage.
Insurance requirements for a truck accident are very different, though. Commercial policies can range depending on the type, distance, and materials being transported, and require up to $5 million in coverage.
Higher Payouts Mean More Aggressive Insurance Company Tactics
Because the potential payout would be so large if truck companies were found at fault for an accident, their insurance companies and legal teams often use various tactics to discourage claimants or lower the value of their claim so the insurance company can protect its own bottom line.
For example, they may cause intentional delays during the claim process, use technicalities to deny claims, and aggressively defend themselves and try to shift blame. Legal representation is critical in these cases.
Specialized Evidence Required in Commercial Trucking Claims
With so much at stake, truck accidents require substantial evidence to support your claim and conclusively show how the truck personnel were at fault. This requires a truck accident lawyer who understands the differences between a car and truck accident and can act quickly to preserve evidence.
Trucks store a vast amount of information, and gaining access to black box data, electronic logging devices (ELDs), and hours-of-service records can identify the at-fault party and demonstrate their role.
Our attorneys issue spoliation letters immediately after a crash to ensure evidence is not destroyed. We comprehensively evaluate this information and work with reconstructionists and other experts to gain a clear picture of what occurred to build an effective case that can get results. We also review crash reports and records, and other forms of evidence to ensure no detail is missed.
Why Local Roots Matter When Fighting Corporate Trucking Defense Teams
When you hire a local truck accident lawyer from Smith & Lee, you receive the legal experience, knowledge, and services of a highly rated law firm.
Our attorneys have deep roots in the local community, which gives us a strong foundation to draw on. Unlike out-of-town firms, our local, personalized, family-like firm leverages our familiarity with nearby roads, court systems, professionals, and customs so we can better serve you.
Frequently Asked Questions About Car and Commercial Trucking Wrecks
Is the statute of limitations different for car accidents vs. truck accidents in Texas?
No, the statute of limitations is not different for car accidents than it is for truck accidents.
Both types of cases are subject to a two-year limitations period, as outlined in Texas Civil Practice and Remedies Code § 16.003. This means that you must take action before this window closes, or you could end up being responsible for paying for your own losses.
Why do truck accident settlements tend to be larger than car accident settlements?
Truck accident settlements generally tend to be larger than car accident settlements because losses tend to be more severe in truck crashes. Large trucks can weigh up to 80,000 pounds, and this can have devastating results in a crash. Truck accident settlements reflect the additional losses and medical care needed to recover, as well as the inclusion of future care costs for long-term injuries. Talk to a truck accident lawyer near you to accurately calculate how much your settlement may be worth.
What should I do immediately after an 18-wheeler crash in Texas compared to a standard car wreck?
While you should focus on getting medical attention and collecting evidence after an 18-wheeler crash like you would in a car accident, you should retain legal representation immediately after a truck accident. There is a limited amount of time to preserve truck evidence, such as black box data, and a lawyer can act quickly to issue a spoliation letter to ensure evidence is preserved. This helps ensure a thorough legal review and information that can support your case to hold trucking parties liable.
Contact Smith & Lee After a Serious Motor Vehicle Crash
Smith & Lee is equipped to help you navigate both car wreck cases and complicated 18-wheeler crash litigation. We work diligently to understand your case and ensure that you are not taken advantage of by opposing parties. Our attorneys handle the nuances of your case confidently and leverage our extensive legal knowledge to provide innovative solutions. To schedule a free consultation with trusted car and truck accident attorneys near you, contact our law firm today.