What Makes Truck Accident Litigation More Complex

Accidents involving tractor trailers and other large trucks pose a unique set of challenges for injured victims seeking compensation. The sheer size and weight of a tractor-trailer mean that an impact with a smaller vehicle can result in serious and disabling injuries for the occupants. The force of a collision can lead to traumatic brain injuries (TBIs), spinal cord damage or loss of limbs, among other catastrophic harm. The potential damages recoverable are thus far higher than in lawsuits over normal car accidents.

The increased level of bodily harm and consequent damages is just one factor that contributes to the complexities of truck accident litigation. Here is an overview of others.

Determining fault in a truck accident can be a complex endeavor compared to a straightforward car crash with two drivers. Several parties could share liability, including:

The truck driver — His or her actions, such as distracted driving, fatigue or driving under the influence, could be a major contributing factor.
The trucking company — The truck’s owner or lessor may be at fault for negligent hiring, failure to properly maintain the vehicle or pressuring drivers to exceed reasonable hours at the wheel.
The shipper loading the cargo — Improperly secured or unbalanced cargo can shift during transit, causing instability and accidents.
The manufacturer of the truck or its components — Defective parts, such as brakes or tires, could play a role in the accident.
Repair or maintenance providers — Negligence in service operations may have contributed to the crash.

Each of the parties joined in a lawsuit will likely have their own legal representation, creating a situation with multiple attorneys vying for the most favorable outcome for their clients.

Trucking companies carry significantly more insurance than passenger vehicle drivers. This increased coverage reflects the potential for high payouts in accident claims and thus gives insurance companies added motivation to minimize their financial exposure. They will often employ aggressive tactics to deny or reduce compensation, including questioning the severity of the victim’s injuries or attempting to shift blame to other parties involved.

The trucking industry operates under strict federal and state regulations. These cover a wide range of aspects, including driver qualifications and testing for drugs and alcohol; limits on driving hours and mandatory rest periods; vehicle maintenance and weight limitations; and requirements for drivers to maintain accurate logs documenting their hours on the road. Violations of any of these regulations can significantly impact liability in a truck accident case.

The evidence in a truck accident lawsuit can be especially complicated. It can include dashcam footage from the truck or surrounding vehicles; maintenance records for the truck; and the driver’s logs documenting their activities. In addition, many modern commercial trucks are equipped with electronic control modules, known as black boxes. These record critical data about the truck’s operation, including speed, braking activity and engine performance at the time of the accident. However, analyzing the black box data can be a complex process that requires specialized expertise.

The lawyers at Pulverman & Pulverman, LLP know how to investigate a truck accident thoroughly and to identify the causes and people responsible. If you or a loved one has been injured in such a crash, call us at 805.259.3581 or contact us online to schedule a free consultation.

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RECENT VERDICTS AND SETTLEMENTS
- $4,375,772 Arbitration award to a man severely injured as a pedestrian after being abandoned on the side of Highway 101 at 2 a.m. He was struck and injured 20 minutes later by a hit and run motorist and lost a leg and survived a lengthy coma. His arbitration award was against his girlfriend who was negligent for abandoning him on the side of the road. She disputed any liability and blamed him for being drunk. The award was reduced by 50 percent because of his intoxication.
- $3,204,934 Verdict for a man who sued an insurance company for its unreasonable refusal to settle his claim for $100,000 (policy limits). The jury determined that the insurance company acted in bad faith and the court entered a judgment for the injured plaintiff. $2,200,000 Action against international cruise line for injuries suffered on an on-shore excursion based on negligent supervision of the shore excursion provider.
- $2,000,015 Mediated settlement for a man who suffered a crushed foot in a head-on collision in the desert. $2,000,000 Jury verdict for a female motorist hit by a truck on US 101. She sustained fractures to her pelvis, femur, tibia and fibula requiring surgery. $2,000,000 Recovered for a motorcyclist who was hit by a truck and sustained orthopedic and traumatic brain injuries.
- $1,250,000 Mediated settlement for a man injured in a motorcycle accident causing a broken foot, clavicle and punctured lung. Dispute over the extent of the injuries complicated by a previously undiagnosed diabetic condition. This represented the policy limits. $1,187,704 verdict on behalf of a bicyclist who sustained shoulder, knee and rib injuries by a truck driver who violated the bicyclist’s right of way.
- $1,100,000 Settlement for a man who was rear-ended by an underinsured motorist with a $25,000 liability policy. An additional $1,075,000 was recovered under the underinsured motorist policy. $1,010,866 A pedestrian walking out of a store in San Luis Obispo is struck by a motorist entering a parking space hitting the gas instead of the brakes causing a broken leg.
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- $815,000 Settlement for a man who suffered a herniated disc with an underinsured drunk driver who paid $15,000. An additional $800,000 was recovered under an underinsured motorist policy. $500,000 Mediated settlement for policy limits for a woman who broke her hip in a rear-end accident. The defense contended the injury existed before the accident and initially offered $51,000.
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- $600,000 Settlement for a woman who sustained a shoulder injury in an intersection collision with a driver who ran a red light.
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