Truck accidents are not simply larger versions of car crashes. While both involve negligence and serious injuries, commercial trucking cases often include additional layers of evidence, federal regulations, corporate liability, and insurance coverage that can significantly impact the outcome of a claim.
Trucking Companies Begin Investigating Immediately
After a serious truck crash, the trucking company and its insurance carrier often begin investigating within hours. Their goal is to gather evidence, interview witnesses, and protect their interests as quickly as possible.
Meanwhile, injured victims and their families are often focused on medical treatment, recovery, or grieving the loss of a loved one. This timing gap can make a major difference in the availability of key evidence.
Commercial trucks generate significant amounts of electronic data, including information about driver hours, vehicle movement, and braking activity. Some of this information is only retained for a limited period of time. If steps are not taken to preserve evidence, valuable records may be lost through routine business practices.
Federal Regulations Play a Major Role
Unlike ordinary car accident cases, trucking claims are heavily influenced by federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA).
These rules govern nearly every aspect of trucking operations, including driver qualifications, hours of service, vehicle inspections, maintenance requirements, drug and alcohol testing, and cargo securement.
In a truck accident, violations of these regulations can provide important evidence. A claim may involve more than a driver's mistake behind the wheel. It may reveal that a trucking company failed to properly train a driver, ignored safety concerns, or allowed a fatigued or unqualified operator to remain on the road.
Identifying these violations can help establish liability and demonstrate how corporate decisions contributed to the crash.
Multiple Parties May Share Responsibility
One of the most complex aspects of a truck accident case is determining who may be legally responsible.
The driver may be at fault, but other parties could also share liability. The trucking company, vehicle owner, maintenance contractor, cargo loading company, or other third parties may have contributed to the events that caused the crash.
Each potentially responsible party may carry separate insurance coverage. Commercial policies often include multiple layers of protection, including primary, excess, and umbrella coverage.
A thorough investigation is often necessary to identify every available source of compensation and ensure that no responsible party is overlooked.
Critical Evidence Can Disappear Quickly
Many of the most valuable pieces of evidence in a trucking case are time-sensitive.
Commercial trucks may contain event data recorders that capture information about speed, braking, and vehicle operation before a collision. Trucking companies may also use GPS systems, onboard cameras, electronic logging devices, and telematics software.
Maintenance records, inspection reports, driver qualification files, and testing records can all provide important insight into what happened and why.
Because some records are only retained for limited periods, preserving evidence early can be crucial. The longer a victim waits to investigate a claim, the greater the risk that important information may no longer be available.
The Stakes Are Often Much Higher
A fully loaded commercial truck can weigh up to 80,000 pounds. When a vehicle of that size collides with a passenger car, the consequences can be devastating.
Truck accident victims frequently suffer catastrophic injuries, including traumatic brain injuries, spinal cord damage, severe fractures, burns, and permanent disabilities. In the most tragic cases, families are left coping with wrongful death.
These injuries often require extensive medical treatment, long-term care, and significant financial resources. Calculating future losses may involve medical experts, life-care planners, economists, and accident reconstruction professionals.
Because so much is at stake, truck accident claims demand a level of preparation and attention that goes beyond many other personal injury cases.
If you or a loved one has been injured in a truck accident, understanding your rights is an important first step. The team at Berman & Simmons can help you evaluate your options and pursue the compensation you may be entitled to under Maine law.