Truck accident claims can be more complicated than car accident claims. Learn how trucking companies, federal regulations, evidence and insurance can affect injury claims in Colorado and Nevada.
At first, a truck accident may seem like a larger version of a car accident.
One vehicle hits another. Someone is injured. Insurance companies get involved.
But a truck accident claim can be much more complicated than a claim involving two passenger vehicles. When a commercial truck is involved, there may be a trucking company, multiple insurance policies, federal safety requirements and evidence that simply doesn’t exist in an ordinary car accident case.
If you have been seriously injured in a truck accident in Colorado or Nevada, understanding those differences can be important from the beginning of your claim.
A Truck Accident Claim May Involve More Than the Driver
In a typical two-car accident, one of the first questions is usually which driver caused the crash.
A commercial truck accident can involve additional questions.
Was the truck driver an employee of a trucking company? Who owned the truck? Who was responsible for maintaining it? Was another company responsible for the trailer or cargo? Was the driver operating the truck on behalf of a company at the time of the accident?
Depending on the circumstances, investigating a truck accident may require looking beyond the person who was sitting behind the wheel.
That is one of the biggest differences between a commercial truck accident claim and a typical car accident claim.
Commercial Trucks Are Subject to Additional Safety Requirements
Commercial trucking is heavily regulated.
Federal regulations can govern issues including how long certain commercial drivers may drive, required rest periods, driver qualifications, inspections and other safety requirements.
That doesn’t mean every truck accident involves a regulatory violation. But when investigating why a crash occurred, there may be another layer of information that needs to be examined.
For example, if driver fatigue may have contributed to an accident, the driver’s hours and duty records could become important.
If the condition of the truck may have played a role, inspection and maintenance information may need to be reviewed.
A Truck Accident Claim May Involve Additional Evidence
After a typical car accident, important evidence may include photographs, police reports, witness statements, medical records and information from the vehicles involved.
A commercial truck accident may involve those things too — but potentially much more.
Depending on the truck and circumstances of the crash, relevant evidence could include:
- Electronic logging device records
- Driver qualification information
- Hours-of-service records
- Inspection and maintenance records
- Dispatch information
- Company safety records
- Vehicle data
- Cargo information
- Communications involving the driver or trucking company
This information can help answer a much larger question than simply, “Who received the traffic ticket?”
It can help determine why the accident happened and who may be responsible.
Electronic Logging Records May Be Important
Many commercial drivers who are required to maintain records of duty status use electronic logging devices, commonly called ELDs.
These devices can automatically record information related to driving time and hours of service.
That information may become particularly important if there are questions about how long the driver had been working or driving before the collision.
Driver fatigue can be an important issue in a commercial truck accident investigation, and federal hours-of-service rules limit driving time for covered commercial drivers.
Truck Maintenance Can Matter
Commercial trucks can travel long distances and accumulate substantial mileage.
Brakes, tires and other equipment must function properly.
When equipment failure may have contributed to an accident, the investigation may include questions about when the truck was inspected, what maintenance was performed, whether problems had previously been identified and who was responsible for addressing them.
Again, the answer may involve someone other than the truck driver.
Truck Accidents Can Cause Serious Injuries
Commercial trucks can be dramatically larger and heavier than passenger vehicles.
When a large truck collides with a car, SUV, motorcycle, cyclist or pedestrian, the resulting injuries can be severe.
A serious injury claim may involve hospitalization, surgery, rehabilitation, lost income and medical treatment that continues well into the future.
Some injuries may permanently affect a person’s ability to work or perform normal daily activities.
For that reason, evaluating a truck accident claim isn’t necessarily limited to the medical bills that have already arrived.
The long-term effect of the injury may also need to be considered.
Commercial Insurance Can Add Another Layer to a Truck Accident Claim
A crash involving two privately owned passenger vehicles typically involves personal auto insurance policies.
Commercial trucking can involve different insurance arrangements and potentially multiple policies or companies.
Identifying the available insurance coverage may therefore require more investigation than simply exchanging insurance information with the truck driver at the scene.
This can become particularly important when an accident results in serious or permanent injuries.
The Trucking Company May Begin Investigating Quickly
Following a serious commercial truck accident, the trucking company and its insurance carrier may begin their own investigation quickly.
That makes identifying and preserving evidence important.
Commercial trucking records do not necessarily have to be retained forever. For example, federal rules generally require carriers subject to the ELD requirements to retain ELD records of duty status and backup data for six months.
Other potentially important records and electronic information can have different retention periods.
That is one reason determining what evidence may exist can become an important early part of a truck accident claim.
A Truck Accident Claim Isn’t Just a Bigger Car Accident Claim
This is ultimately the important distinction.
The basic principles may be similar: determine what happened, establish responsibility and evaluate the losses caused by the accident.
But the investigation can be very different.
A commercial truck accident claim may require examining the driver, trucking company, federal safety requirements, electronic records, maintenance history, insurance coverage and potentially other businesses involved in the operation of the truck.
That is why a truck accident claim should not automatically be approached like an ordinary two-car accident claim.
Injured in a Truck Accident in Colorado or Nevada?
If you or a loved one has been injured in a commercial truck accident, understanding who may be responsible and what evidence exists can be an important first step.
Kim Welch Law represents people injured in motor vehicle and commercial truck accidents in Colorado and Nevada, including Colorado Springs, Las Vegas and Henderson, as well as surrounding communities.
Before representing injured clients, Attorney Kim Welch worked on the other side representing insurance companies. For more than 30 years, she has used that knowledge to represent people injured through the negligence of others.
If you have been seriously injured in an accident involving a commercial truck, contact Kim Welch Law for a free consultation. Personal injury cases are handled on a contingency basis, so there are no upfront attorney fees. You can also connect with our Nevada and Colorado offices on Facebook.