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3 Things That Can Complicate Your Truck Accident Case

Jan 28, 2022

Auto accident cases require some degree of finesse to maximize compensation. However, some cases raise unique complications that you should understand to succeed. For example, truck accidents tend to involve issues that other vehicle accidents rarely involve. Below are some of these issues.


1. Multiple Liable Parties


As an auto accident victim, the driver may not be the only party liable for your injuries. Such a situation is even more likely for truck accidents since trucking often involves multiple players. Below are other potentially liable parties other than the driver.


Trucking Company


The trucking company might be liable for your damages if they employ the driver that caused the accident. That might be the case if:


  • The driver was incompetent when the trucking company hired them
  • The driver had a known history of driving violations and accidents, but their employer did not react
  • The trucking company allowed the driver to drive a truck category the driver is not qualified for


The above are examples of how the trucking company may be held liable in addition to being liable for the driver’s negligence while on the clock.


Cargo Owner or Handler


The cargo owner or handler liability arises if the accident connects to the cargo. An example is if a cargo handler fails to secure their cargo on the trailer, and the resulting imbalance causes the trailer to topple over.


Dealing with multiple defendants also means dealing with multiple insurance companies. This is not necessarily a problem; however, you should consult with an experienced trial attorney to make the appropriate claims against each defendant.

 

2. High Case Values


Truck accidents tend to trigger high-value claims. Trucks are inherently heavy, haul heavy cargo, and are more likely to haul dangerous cargo. As such, truck accidents usually lead to severe injuries. Severe injuries mean lengthy work absences, high medical bills, and extreme pain and suffering.


High-value cases are complicated because of their high stakes. The defendant or defendants will do everything possible to avoid liability or minimize damages. For example, both trucking accident plaintiffs and defendants are more likely to hire expert witnesses for high-value cases than other cases.

 

You should also expect several legal complications, such as jurisdiction challenges and other pretrial motions. In short, you will deal with more issues for your high-value case than you may deal with in a small claims case.


3. Unique Regulations


The trucking industry involves unique laws and regulations that other motorists don't contend with. The federal, state, and local governments all have a say in these laws. For example, the federal government:


  • Requires special licenses for truck drivers who haul hazardous cargo
  • Requires special training for truck drivers
  • Regulates hours of service for commercial truck drivers (for example, they should not drive for more than 11 hours in a 14-hour shift)

Many people are ignorant of these rules. For example, even the jury might not know how a federal law violation caused a truck accident. Such issues mean that truck accident plaintiffs require thorough research (for example, applicable laws) and preparation when pursuing truck accident compensation.


The stakes are high in a truck accident case, and you don't want to leave anything to chance. Let Jarve Kaplan Granato Starr, LLC, handle your case and benefit from more than a century of combined experience. Contact us for a free initial consultation to handle your truck accident case.

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New Jersey Supreme Court Certified Attorney
National Board Of Trial Advocacy
AV Preeminent
Rated By Super Lawyers
Recognized By Best Lawyers
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