Why Truck Accident Cases Are More Complex
With an estimated 500,000 truck accidents occurring each year, it is no wonder that passenger vehicle drivers are nervous to share the road with these “big rigs.” Considering the sheer size and weight of a commercial truck, injuries and fatalities are more likely in the event of an accident. While there may be many moving parts, one element remains certain: the aftermath of a collision is often fraught with unexpected challenges.
Understanding the intricacies of a truck accident is essential to successful recovery. The Davidson County truck accident lawyers at Raybin & Weissman understand what makes these cases more complex, impeding your ability to obtain just compensation.
More Severe Injuries Occur
A tractor-trailer weighs 30,000 pounds without cargo and 80,000 pounds laden (fully loaded). This makes it highly likely that serious injuries will occur if the truck is involved in a collision. In 2023, 153,452 people were injured in large truck crashes. Given the mass and velocity of a truck crash, injury victims often experience traumatic brain injuries, spinal cord injuries, internal bleeding, multiple fractures, and traumatic amputations. These only cover a few of the injuries that may result.
Greater Damages
Accident victims are eligible to recover any losses related to the incident, commonly referred to in law as damages. To recover the compensation you deserve, you will need to establish the truck driver’s fault as well as demonstrate your losses. The more serious your injuries and the greater the extent of vehicle damage, the higher the damages will be. Insurance adjusters are reluctant to pay out higher claims, instead dragging their feet on investigating allegations.
More Difficulty Obtaining Evidence
Although you may have photos of vehicle wreckage or a bystander’s testimony, other evidence may need to be obtained. For example, most commercial trucks are equipped with a “black box” that records the events before, during, and after a collision. Known as the event data recorder (EDR), this device attaches to a vehicle’s engine to record speed changes, whether the brakes were applied, if the airbag deployed, seatbelt usage, and the engine’s RPM.
Unfortunately, this key information can be challenging to obtain. Court sanctions may be imposed on any party who discards, destroys, conceals evidence, or otherwise takes part in the spoliation of evidence. To ensure that this evidence remains intact, your attorney may need to send a spoliation letter requesting that the trucking company preserve “black box” data and all relevant evidence related to the crash.
State and Federal Laws Govern Commercial Truck Regulations
Truck accident cases are based on both state and federal laws, making them unique from other motor vehicle accident cases. Although many states align with federal regulations regarding truck dimensions and weight restrictions, these regulations vary between jurisdictions.
Both Tennessee and federal law permit commercial trucks to weigh up to 80,000 pounds. Tennessee law restricts commercial trucks to a maximum height of 13 feet, 6 inches, with a width of 8 feet, 6 inches (the same as federal law). However, Tennessee and most states have “grandfathered” older commercial vehicles, allowing them to remain in operation despite not adhering to federal or state laws. Only commercial trucks that complied with regulations before their passage can be “grandfathered” in, making them an exception to the law.
The Necessity of a Truck Accident Attorney
Although driver error is the most common cause of truck accidents, violating weight restrictions places road users in danger of more severe injuries and death. Suppose you have reason to believe that a commercial truck violated a size or weight requirement. In that case, you should speak with a Davidson County truck accident lawyer who can assess your situation.
At Raybin & Weissman, our legal team will conduct its own investigation to determine the cause of your accident. From there, we can assess what evidence is necessary to establish liability and develop a plan for gathering such evidence. The stronger your case, the more likely you are to be compensated for your medical expenses, lost wages, pain and suffering, emotional distress, and post-traumatic stress disorder (PTSD). In using a lawyer who has the requisite knowledge and experience with truck accident cases, you give yourself the greatest likelihood of a fair settlement or award.
Speak with Our Davidson County Truck Accident Lawyers Today
More than ever, truck accidents are plaguing our nation’s roads. Truck accidents result in significant losses, including substantial medical expenses, lost wages, and emotional distress. If you or a loved one has been affected by a truck crash, the Davidson County truck accident attorneys at Raybin & Weissman would like to speak with you. Contact us online or call (615) 256-6666. We offer free, no-risk consultations.