Why truck accident claims are more complex
Commercial trucks are governed by federal safety rules from the Federal Motor Carrier Safety Administration (FMCSA), including limits on driver hours, inspection and maintenance requirements, and cargo loading rules. A violation of those rules can be powerful evidence of fault.
More than one party may also share responsibility: the driver, the trucking company, a cargo loader, a maintenance contractor or the manufacturer of a defective part. Each may have its own insurer and its own legal team, which is why these claims usually need an attorney early.
Evidence that can disappear quickly
Trucks carry electronic logging devices and engine control modules that record speed, braking and hours of service. Carriers are only required to keep some records for limited periods, so an attorney will often send a preservation letter right away.
- Electronic logging device (ELD) and "black box" data
- Driver logs, dispatch records and drug and alcohol test results
- Maintenance and inspection records
- Dash-cam and nearby surveillance footage
- The police crash report and witness statements
Common causes of truck crashes
- Driver fatigue and hours-of-service violations
- Speeding or following too closely with a heavy load
- Improperly secured or overweight cargo
- Brake or tire failures from poor maintenance
- Wide turns, blind-spot lane changes and jackknifes
Frequently asked questions
Who is liable in a truck accident?
Often more than one party — the driver, the trucking company, a shipper or loader, a maintenance company or a parts manufacturer. An attorney identifies every responsible party and insurer.
Are truck accident settlements larger than car accident settlements?
They can be, because injuries are often more serious and commercial carriers carry higher insurance limits. Every case is different, and no one can promise a result.
Should I talk to the trucking company's insurer?
Be careful. Carriers often send adjusters quickly. It is generally wise to speak with an attorney before giving a recorded statement or signing anything.