What are the Legal Complexities of a Catastrophic Truck Accident Injury

The thought of a heavy truck hitting your car at a high speed is scary because the sheer impact can cause severe damage. Statistics are equally frightening because these mishaps are more common on American highways than you can imagine.

In 2021, the American highways and roads witnessed more than half a million large truck accidents. Nearly 101,000 crashes caused injuries and 4,444 resulted in fatalities.

The numbers climbed to 168,320 truck accidents and 4,766 fatal ones in 2022, probably because traffic resumed after the pandemic slowdown. Almost 32% of these crashes involved injuries, and many were catastrophic due to the size and weight of the vehicle and cargo. While you are entitled to personal injury compensation, these cases may be relatively more complex than car crash cases.

In this article, we will explain the legal complexities of cases involving a catastrophic truck accident attorney.

Determining Liability

Liability is one of the primary concerns for truck accident victims facing injuries due to a collision with a large or commercial truck. Recovering the rightful compensation is about holding the correct party responsible for the incident and resultant damage.

However, these mishaps involve multiple individuals and businesses, and liabilities may vary according to specific circumstances. The liable parties may include one or more of the following:

• Truck driver
• Trucking company
• Owner of the truck
• Vehicle manufacturer
• Cargo loader

More layers of complexity may be a part of the situation. For example, a trucking company may be accountable if the driver is an employee. Conversely, the trucker may be solely at fault if he is an independent contractor. A truck accident attorney is the best person to determine liability and proceed with the claim in the right direction.

Understanding Federal and State Regulations

Trucking operations need to be compliant with extensive federal and state safety regulations. Recently, the Federal Motor Carrier Safety Administration (FMCSA) announced plans to launch a regulation mandating the use of speed-limiting devices for trucks over 26,000 pounds in weight. They would restrict vehicles to a speed limit of 68 miles per hour.

Similarly, there are several more rules regarding cargo loading, licensing requirements, vehicle maintenance, and driver hours of service. Failing to comply with them can lead to accidents. Crashes caused by violations become legally complex because victims need to establish the facts.

Showing how these blunders caused catastrophic injuries is enough to prove fault and get the compensation you deserve. According to the Sloan Law Firm, a lawyer with knowledge of the state-specific law can help you build a strong claim.

Quantifying Severe Injuries and Damages

Severe injuries not only add medical complications to a catastrophic truck accident but also make it legally complex. Such crashes often cause long-term damage with injuries like traumatic brain injury, spinal cord injury, broken bones, and amputations. You may even end up with a permanent disability that affects your personal and professional life.

Calculating damages in such claims is not easy because they include more than immediate medical bills. You also need to add anticipated future medical treatment expenses, long-term care needs, rehabilitation costs, and diminished earning capacity to determine optimal compensation.

Besides the apparent damages, you should consider non-economic elements like pain and suffering, emotional distress, and decline in quality of life. You must bring an expert lawyer on board to ensure that you do not settle for less.

Navigating Insurance Negotiations

Trucking companies require substantial insurance coverage due to the inherent risks of catastrophic accidents. Data shows that insurance costs per mile for these providers increased by 47% over the last decade. However, making them pay the compensation you deserve as a victim is not a mean feat. You may struggle to deal with multiple insurers and complex coverage issues.

In most cases, insurers try their best to convince victims to accept lowball settlements. They may even try proving your fault and pay nothing at all. Negotiating a fair claim requires careful review of insurance policies and building a strong case proving the driver’s (or company’s) negligence. Also, you should not take a settlement offer too soon because deep-seated injuries like internal bleeding may surface later.

Bring an expert on board as they can prove your claim by highlighting evidence, questioning eyewitnesses, and calling accident reconstruction specialists. There is hardly a chance of falling prey to the tactics of insurance companies when you can take legal recourse with the help of an attorney.

In conclusion, cases involving catastrophic truck accident injuries frequently involve complex legal proceedings and litigation. Not paying attention or missing out on legal expertise means you may have to settle for less than a fair settlement. The best way to address the challenges of these cases is by hiring a lawyer specializing in truck accident claims.