The Difference Between Car and Truck Accidents
Laredo Personal Injury Lawyer » The Difference Between Car and Truck Accidents
Does it Really Make a Difference if I’m in an Accident with an 18-Wheeler Truck Instead of a Car or Passenger Vehicle?
Laredo 18 wheeler accident Lawsuit Attorney
When driving around the San Antonio metroplex, you’ll see lots of different vehicles sharing the road with you. You’ll commonly see everything from smaller smart cars to large tractor-trailers. The chance of accident is a sad reality but it is a mistake to assume that an accident with anyone of them is identical. In fact, there are many differences between the elements of litigation when one is injured by a car as opposed to when one is injured by a commercial truck.visit our other website:
Due to the large size of the truck, property damage to your vehicle can be much more extensive than a similar accident with a car. Trucks are much larger. They carry much more weight and have shorter breaking distances than other vehicles. This increases the chances of a highly dangerous rear end collision. Large trucks also have reduced sight lines and larger blind spots than a car does. Because commercial trucks are on the road for greater periods of time than other vehicles they are also subject to more wear and tear which can increase the possibility of mechanical failure. All of these elements increase the chances of an accident with your car and the amount of damage inflicted.
When a large truck collides with a smaller car the trauma to the persons and their personal property is also much greater. The force of being struck with a large vehicle can cause damage to various items such as a work laptop carried in the automobile or a person’s personal items such as prescription glasses as these items are thrown about the cabin of the car. Additionally, these items can cause additional injuries to the people within the car.
Value of the Insurance Policies
An insurance policy for a personal car is going to typically have a much lower value than one for a commercial truck. The reasons for this are because a commercial truck is going to be on the road more often and for longer periods of time. A commercial truck is also larger and likely to cause more damage to another vehicle than a smaller car would. Also, unlike smaller vehicles which are typically owned and insured by individuals, a commercial vehicle is going to be owned by a company which can afford larger policies and more financial coverage.
The Manner in Which the Case is Litigated
Whether you are involved in an accident with someone who was driving their own personal car as opposed to someone who was driving a truck for a commercial company will make a huge difference on whether or not your litigation is going to be on an equal playing field. Two individuals in a law suit will typically have similar financial resources but an individual who goes against a much larger commercial organization has very little chance of being able to compete with the manpower and the financial resources that a large company has available. Many larger companies know that if they are going against an individual, more than likely, that person is not going to be educated in the law and is not going to have the financial resources to cover filing fees, litigation, and the large fees that testifying experts demand. Companies know that if they simply drag out the litigation for as long as possible they can drain their opponent’s finances to the point that they simply give up.
Scope and Severity of the Injuries
Because of the length, size, and weight of large commercial trucks, injuries resulting from accidents with them can be severe and debilitating. Head injuries can cause injury to the brain that can cause bleeding within the brain and bruising of the brain. This can be harmful enough to cause loss of motor function, impairment of the sense or limbs, and death. Back injuries and neck injuries can cause lifelong chronic pain to paralysis. These injuries can also be amplified if the truck was carrying a hazardous load such as gas or fuel. Some of these injuries can occur in a car on car accident but there is a much greater possibility of these injuries being more severe in a truck on car accident leaving the victim with a lifetime of pain and complications.
Extent of Monetary Recovery
The extent of the monetary recovery if you are in an accident is going to be fact-specific. Typically though, because injuries with a truck are going to be more severe than with a car the compensation for those injuries is going to be greater as well. The types of recoveries are going to range from incurred medical expenses, future medical costs, loss of wages already incurred, to future lost wages. The difference between an accident with a private person driving their car and being involved in an accident with a commercial truck is the commercial company that owns the truck is more likely to be insured with much larger liability coverage than a private individual is going to have available.
Who is libel for an injured plaintiff’s monetary recovery can also be more complicated in a collision with a commercial truck than with a car. Typically, a private individual will be responsible for their car, their insurance, and the maintenance of their vehicle. With a commercial vehicle, determining individual liability can be much more complicated. Among the parties can be the truck driver himself, the actual owner of the truck or the trailer, the person or persons who leased the commercial vehicle, the shipper or the loader of the truck’s cargo if that contributed to the accident, or even a manufacturer of specialized equipment used on larger commercial vehicles if it contributed to the cause of the accident.
Types of Damages You Can Recover
In both types of accidents economic and non-economic damages are recoverable. The amount of the recovery for damages in both types of accidents is comparable because the amount recovered will be based on the extent and severity of the injury itself. Medical costs and lost wages, as well as, compensatory damages for pain and suffering will be relative to the specific injury; although injuries tend to be more severe in an accident with larger vehicles such as a commercial truck than with a smaller car.
Additionally, actions for wrongful death suits may also be recoverable in both types of accidents. In Texas, a family member may bring a suit for the wrongful death of a family member when the family member death was a direct result of another’s negligence, carelessness, or wrongful act. If the person who caused the death was operating as an employee at the time of the wrongful death their employer may also be held liable. The recovery in a wrongful death suit is meant to alleviate the pain and suffering of the loss of a loved one. It can also be intended to supplement lost income if the person who died was a primary financial contributor to the household.
As you can see, being involved in accident with a large commercial vehicle is not the same as being in accident with a private vehicle. If you have been involved in an accident with a commercial trucking vehicle you should call the our Law Offices. Our Law Office has the experience and a proven record of success in litigating claims against commercial trucking companies. Give us a call at San Antonio: 210-202-4027