Drivers must share the road with thousands of commercial vehicles daily, including very large commercial trucks. This can create more dangerous conditions since truck accidents are usually more severe and can result in serious injury or even death.
If you have been a truck accident victim, you may be entitled to compensation for personal injuries and property damage. At Henderson Taylor Law Firm, our team of truck accident lawyers has handled hundreds of accident cases and can help you with your personal injury claim.
Keep reading to find out what common misconceptions people have about truck accidents and the regulations truck drivers have to follow.
Uncovering Myths and Misconceptions About Truck Accidents
Because truck accidents are commercial accidents, there are many misconceptions about what these accidents mean and how truck accident cases are handled. The good news is that, in many cases, you can file a truck accident lawsuit to receive compensation for any damages as a result of the accident.
Remember that truck accident cases can be challenging to win, so hiring a truck accident lawyer is a crucial step in this process. An experienced lawyer can help you navigate this process, negotiate a settlement, and take your case to court if necessary.
The Truck Driver is Always at Fault
Some of the most common causes of truck accidents are directly related to human error. However, there are more factors that go into who is liable in a truck accident since it may not be only the truck driver at fault.
For instance, if the truck driver falls asleep at the wheel, the fault could fall on the company for not enforcing the hourly requirements. Or if the driver is driving recklessly, the company may not have thoroughly vetted them or provided training.
Larger Trucks Mean More Compensation
You may think that the bigger the truck, the more compensation you can receive after an accident. The reality is that the size of the vehicle is not really a factor when it comes to settlement amounts; it depends on the insurance policies, liability, severity of injuries, and property damage.
Insurance Always Covers Truck Accidents
Insurance companies are supposed to cover the majority of truck accidents depending on the different factors at play. However, it is not uncommon for insurance companies to try to push fault onto you to avoid having to pay out. That is why you still need to be diligent and provide evidence that proves you were the victim and deserve compensation.
This is also where hiring a truck accident lawyer is helpful as they handle communication with insurance carriers.
Truck Personal Injury Cases Are Too Expensive to Pursue
Truck personal injury cases can be expensive, but this does not mean that they aren’t worth pursuing. Truck accidents can result in significant injuries as well as massive property damage. If you sustained expensive damages as a result of the crash, it is worth pursuing a settlement.
You Only Need Medical Care If You’re Visibly Injured
You may avoid getting medical care after a truck accident if you are not visibly injured, but this is not a good idea. To create evidence for a truck personal injury case, you need medical documentation that can help prove any injuries. Many injuries resulting from vehicle collisions may not be visible, such as internal injuries, or may show up much later, such as concussions.
Truck Drivers Are Always Trained
Even though there are specific requirements for truck drivers to drive commercial vehicles, they may not have high-quality training. Some trucking companies cut corners and do not fully train new truck drivers or look at their driving background.
Truck Driving Regulations
There are many rules and regulations that apply to truck drivers and trucking companies. The Department of Transportation, or DOT, handles these regulations, enforcing safety standards to protect all of the drivers on the road. Here are some examples of truck driving rules that are implemented:
- Hours of service: The number of truck drivers allowed to drive is strictly implemented by ensuring drivers are not driving for too long at any given time. Drivers must have a certain amount of off-duty hours to allow them to rest and sleep so that they are safe to drive. This rule enforces a limit of 11 hours a day with ten consecutive hours off-duty.
- Qualification requirements: The DOT also requires that drivers operating large commercial vehicles have to have a certain amount of qualifications. They must provide an employment history, medical certification, and safety performance history.
- Drug and alcohol testing: Commercial trucking companies must test at least 10% of their truck drivers randomly on a continual basis. Drivers who have been involved in any kind of accident or incident should also be tested.
- Insurance coverage: Federal law instructs trucking companies to have at least $750,000 in coverage for their trucks. This coverage amount changes depending on what the truck is transporting.
Something else victims of truck accidents should know about is electronic data encoders on trucks. This is also called a black box, which is a data collector that collects information about the vehicle and how it is being driven. Keep in mind that black boxes are not federally required, but many trucking companies do use them.
The electronic data encoder collects data related to speed, brake usage, airbag deployment, and the health of the truck. These are all things that can be useful if you are filing a truck accident lawsuit.
Hire an Expert Truck Accident Attorney at Henderson Taylor Law Firm
Getting into a truck accident is a very scary situation that can have a significant impact on your life. You may have been injured in the accident, or your vehicle was significantly damaged, and you now have expenses you have to cover, which is why many people pursue a personal injury claim.
At Henderson Taylor Law Firm, our attorneys have a commitment to defending the downtrodden and providing the legal support truck accident victims need. For expert legal representation from a truck accident lawyer, contact us today at 360-737-1478 or fill out our online form.