Florida boasts about 275,376 miles of highway lanes. These highways are packed with heavy machines, including commercial motorized vehicles, 18-wheelers, and semi-trucks. Also, people with passenger vehicles like vans, pickup trucks, and SUVs use the same roads. Road accidents claim hundreds of lives and leave thousands of victims injured each year. Although the number of car accidents far exceeds the number of truck accidents, the latter undoubtedly cause more severe damage. This is because trucks weigh 20 to 30 times more than the average car.

The causes of motor vehicle accidents like distracted driving and overspeeding are similar. However, the legal protocol for handling a personal injury claim depends on the vehicle type involved. While passenger cars typically weigh less than 10,000 pounds, commercial trucks weigh close to 35,000 pounds when empty and up to 80,000 pounds when fully loaded. Generally, the size of a vehicle has a significant effect on the magnitude of injuries suffered.

Major Differences Between Truck and Car Accidents in a Personal Injury Case

Compared to personal injury cases involving car wrecks, those involving truck accidents are more complex. Often, it is not easy to point out who is liable for an accident and whether to file a claim against a truck driver, the truck's insurer, or the truck driver's employer.

Here are five significant differences between car and truck accidents that affect the legal protocols for handling personal injury claims:

The Vehicle's Size

Trucks outmatch passenger vehicles in size, power, and weight. Therefore, the injuries suffered by a Van or SUV occupants are often catastrophic or even fatal when a collision involves a commercial truck, 18-wheeler, or even a semi-truck. Even a "minor" hit can lead to life-changing injuries because of the sheer force transferred during a collision.

Also, trucks have different structures, making it more challenging to establish the actual cause of an accident. There is a unique set of circumstances that can have more to do with truck size than human error, like distracted driving. 

These three main factors come into play because of the sheer size of a truck:

  • Larger blind spots — As aforementioned, trucks can weigh up to 80,000 pounds when loaded. Some are as long as 65 feet long, which leads to larger blind spots that can hinder visibility and increase the odds of an accident. By contrast, a passenger vehicle weighs 3,000 to 4,000 pounds and is 12 to 18 feet long. If a truck driver fails to see a car and the trailer slams into it, the aftermath can be devastating.
  • Maneuverability — Trucks are long and massive in size. Their structure makes it difficult to make swift maneuvers, and it is impossible to swerve quickly to avoid a collision.
  • Stopping distance — The bigger size of trucks means they require more stopping distance. It is challenging or impossible to make sudden stops or quick turns without the situation going from bad to worse. A passenger vehicle moving at 65 miles an hour requires around 300 feet to stop. In contrast, a big rig moving at the same speed will need more than 520 feet to come to a halt.

The Difference Between Trucking Laws and Regulations

Commercial trucks are subject to different state and federal laws and regulations. Trucking companies and truck drivers involved in interstate commerce must register with FMCSA (Federal Motor Carrier Safety Administration) and DOT (Department of Transportation).

Because trucks often move across state lines, independent truck drivers and trucking companies must abide by the FMCSA rules. These rules govern how much weight they can carry, the qualifications of a truck driver, and the hours they can work before taking a break, among other issues. Often, catastrophic collisions are investigated by federal agencies like the National Transportation Safety Board (NTSB), where the agency first inspects whether there are broken regulations.

Top Causes of an Accident

The top causes of passenger vehicle accidents are human errors like distracted driving and speeding. On the other hand, the size of a truck often has something to do with the cause of a collision. Other top causes of truck accidents include equipment failure caused by parts with manufacturer defects or improper maintenance practices.

Also, there are Florida laws that govern the practices of trucking companies. The Federal Motor Carrier Safety Administration dictates the Hours of Service (HOS) that a driver can operate a commercial truck. HOS regulations ensure safety by dictating the maximum amount of time a driver can spend behind the wheel daily or weekly. They also define the minimum amount of time truck drivers can rest in between shifts.

Florida Statutes stipulate the following under Section 316.302:

  • Truck drivers can work for 12 to 15 hours maximum after 10 consecutive hours off-duty
  •  It is prohibited to operate a commercial truck after 70/80 hours of work within 7/8 consecutive days
  •  Drivers must rest for at least 32 hours at the end of the 7/8 day shift

Section 316.302 laws reduce the risk of drowsy or fatigued driving, one of the leading causes of truck accidents. Another common cause of truck accidents is health issues like sleep apnea. It is a common health concern among long-haul drivers, where the most experienced drivers are often overweight and older. Undiagnosed and untreated sleep apnea causes daytime fatigue, sleep problems, and drowsy driving.

The exact cause of a truck accident plays a significant role in dictating who is liable for damages. If a faulty part is to blame for the accident, you should file a claim against the equipment or truck manufacturer. The trucking company is to blame if the root cause of an accident is improper truck maintenance or a fatigued driver who has been on the road for more hours than allowed by the law.

Type of Collision

Another significant difference between a truck and car accidents is the type of collision. This significant aspect also determines the nature and level of damages suffered by the victims. Typical car collisions include head-on crashes, sideswiping, and rear-end collisions.

Trucks crash differently, making the situation more dangerous for the victims. Here are some of the common types of truck collisions:

  • Overloaded cargo collisions — Overloaded cargo collisions happen when the trailer or cargo detaches from the truck. The load that breaks away can crash into nearby vehicles and cause extensive damage.
  • Jack-knife accidents — Jack-knife crashes occur when the driver hits the emergency brakes. Because of the truck's design, the trucker's head can stop, but the trailer cannot come to a sudden halt because of its size and weight. Therefore, the trailer will swing to the side, crashing into anything along the way.
  • Underride accidents — Underride collisions involve a smaller car sliding under a truck after crashing into it from the rear or the front.

The Degree of Injuries

Another aspect that makes truck accidents different from car crashes in personal injury lawsuits is the degree of injuries suffered. While car collisions can also cause deaths or life-changing injuries, truck crashes have a greater likelihood of causing catastrophic injuries. Again, the massive size of the vehicle leaves slimmer survival chances, especially when a big rig is moving at higher speeds.

Because injuries suffered during a truck collision tend to be particularly significant, this also implies that victims require higher amounts of compensation to cater for extensive medical treatments. It is also common for victims to suffer temporary or permanent disabilities that call for ongoing treatment plus disability-related renovations at their homes.

Evidentiary Requirements

The evidentiary requirements victims must meet to file a claim are higher when the type of vehicle involved is a truck. Evidence is an integral part of ensuring you receive the compensation you deserve. You can table evidence in the form of images of the scene and injuries suffered, police reports, medical reports, witness testimonies, and statements from accident reconstruction experts.

Also, you need evidence about the truck. Apart from the driver's identification details, truck registration, and insurance information, you also need proof of the type of ferried cargo and the driver's logs and employment record for the past 6 months.  

Most commercial trucks have an electronic control module, also known as a black box. The equipment can provide accurate records about the truck's speed during the accident and when the driver hit the brakes, among other details. It is crucial to collect as much evidence as possible right after an accident. The idea is to ensure you have maximum chances of successfully pursuing a claim and receiving full compensation for damages suffered.

Possible Multiple Liable Parties

Car accidents are pretty straightforward. The driver is often the vehicle owner liable for damages suffered. There is always a possibility of having multiple responsible parties in truck accidents. These parties include:

  • The truck driver
  • The trucking company
  • Truck leasing companies or subcontractors
  • The cargo loading company
  • Maintenance mechanics
  • The manufacturers of a defective part

It is best to work with a skilled personal injury attorney who can conduct thorough investigations, identify who is/are to blame for an accident, calculate the compensation you deserve, and pursue every penny of a settlement.

Insurance Coverage Differences

Accidents are inherent risks within the trucking industry. Determining liability is complex, and at-fault parties will attempt to shift the blame around to avoid providing a fair settlement. This further complicates the process because you also have to deal with multiple insurance providers who do not want to hurt their bottom lines.

Insurance policies within the trucking industry provide higher levels of coverage. While this seems like a positive aspect for victims, it is not always the case. Insurance companies providing millions of dollars in coverage face the risk of losing substantial money. They send out their best insurance adjusters to downplay claims, issue the lowest amount possible or turn down victims altogether.

Most truck claims are settled outside court. Insurance companies will want to wrap up a case as soon as possible and avoid trial. Unfortunately, this also means that accident victims sometimes fall for the bait when promised that a decent amount will be deposited in their accounts immediately.

A “decent “compensation is not good enough because of the significant injuries often suffered during truck accidents. You owe yourself the favor of hiring an attorney who can help you obtain every penny you deserve. The right expert will be ready to push a matter to court to ensure you receive a settlement equivalent to your losses, pain, and suffering.

Financial Awards for Damages

The catastrophic injuries increase the likelihood of receiving high financial awards. Unfortunately, this brings about unexpected complexities when collecting compensation. Insurance companies are in business for profits and often seek to protect their best interests.

For instance, insurance adjusters can approach you with what seems like an attractive settlement. Falling for the bait will instantly lock you out of seeking more compensation in the future. It is also common for insurers to use your words against you to slash down their financial obligation to your claim. You can ensure maximum chances of receiving the compensation you deserve by involving a skilled personal injury attorney as soon as possible after the accident.

Ideally, compensation should cover all financial, physical, and emotional losses. It should make life bearable even as you nurse chronic pains and trauma from the injuries. Also, it should cushion you from foreseeable hardships caused by scarring and disfigurement, an ongoing need for treatment, lost wages, lost earning capacity, loss of life enjoyment, and more.

Find a Jacksonville Personal Injury Attorney Near Me

Truck accidents can be life-changing. Victims often suffer catastrophic injuries that require extensive treatment and ongoing care. Unfortunately, this is not enough to prevent trucking companies from watering down your claim, denying liability, or offering an unfair settlement. At Jacksonville Personal Injury Attorney, we understand that your health and livelihood are at stake if you do not receive the compensation you deserve. We also believe that attorney fees should not stop you from seeking justice. Hence we work on a contingency fee basis. Call us at 904-800-7557 for a 100% free and no-obligation consultation.