A commercial truck crash usually involves more damage, more severe injuries, and more legal complications than a regular car accident.
Large commercial vehicles like semi-trucks, delivery vans, and dump trucks are bigger, heavier, and harder to stop, so the crashes they cause tend to be more severe, especially when they collide with smaller vehicles.
In many truck accident cases, there are also multiple parties involved. The case might involve the truck driver, the driver’s employer, the company that owns the truck, the truck manufacturer, or even the company that loaded it or maintained it. It is a lot more complex than just two drivers swapping insurance details.
The complexity of a commercial truck accident makes legal support from an experienced attorney so important if you need to seek compensation for catastrophic injuries after a crash.
Key Legal Differences Between Commercial Vehicle Crashes and Car Accidents
How do truck accident claims differ from car accident claims? Tennessee law treats commercial vehicle accident cases differently because more parties are often legally responsible. In a regular passenger car crash, liability typically falls on one or both drivers. In commercial vehicle cases, it is often necessary to examine the trucking company’s role, the driver’s training, and whether the company followed federal and state rules.
It is important to realize that truck companies have a duty to hire safe drivers. They are required to not only provide safety training to the drivers but also monitor the drivers to make sure they are safe drivers. This is most effectively done through advanced telematic systems that are now frequently installed in trucks and tractor-trailers.
Tennessee courts also allow injured people to seek compensation from out-of-state defendants in these cases.
These extra layers can make the legal process more complex than it might be in a typical car accident claim.
Advanced Telematics in Tractor Trailers
Many tractor-trailers today have advanced telematic systems or are equipped with advanced telematic systems. For example, many commercial vehicles today have forward facing cameras (cameras that face out toward traffic in front of the vehicle). Some trucks also have both forward facing cameras and driver facing cameras which show what is going on in front of a truck simultaneously with what the driver is doing.
Some trucks are equipped with even more advanced systems like SAMSARA and LYTX. These services record numerous variables as it relates to the truck and driver. For instance, these systems will record the driver if he shows signs of being sleepy or fatigued and will notify the company.
The advanced systems in trucks also do things such as record hard braking events or events where the truck is required to swerve. This information is compiled by the company and can give the company a score card to determine whether or not the driver is a safe driver or not. In addition, this information is very valuable when investigating the truck crash as it may record not only the accident itself, but the events leading up to the accident.
The important thing about these systems is that the information is oftentimes only stored for a short amount of time; therefore, this information must be requested and preserved as soon as possible after a collision.
Insurance and Liability Complexities in Commercial Vehicle Cases
Commercial vehicles require insurance policies with higher limits than those for private passenger vehicles. Large trucks often carry liability insurance coverage with limits of $1 million or more. That creates more incentives for insurers to fight claims or shift blame to avoid a large payout.
In some cases, multiple policies could apply – one for the driver, another for the company, and others for subcontractors. Lawyers must sort out who caused the crash and which policy applies. That means it usually takes more time, more intensive investigations, and more substantial evidence to effectively seek fair compensation in commercial vehicle accident cases.
We are seeing that some tractor-trailer companies now have what is called “captive insurance policies”. These are different from ordinary insurance policies and oftentimes not initially disclosed. These policies do not work as traditional insurance policies and require specialized skill and training to recognize.
Federal Regulations That Apply to Commercial Vehicle Accidents
Federal trucking rules often play a significant role in determining what went wrong and who holds legal responsibility for a commercial truck crash. Here are some key rules that could apply:
- Hours of service (HOS) limits for drivers
- Driver qualification standards
- Drug and alcohol testing rules
- Vehicle inspection, repair, and maintenance requirements
- Weight and cargo securement standards
- Electronic logging device (ELD) requirements
- Insurance minimums for commercial carriers
- Hazardous materials transport regulations
- Rules for driver training and licensing
- Recordkeeping and reporting requirements
Why You Need Experienced Legal Representation for Commercial Vehicle Crashes
Handling a commercial vehicle accident case on your own could lead to mistakes that cost you time and money. Without the right professional legal support, you could miss key evidence, trust the wrong insurance adjuster, or accept far less compensation than you deserve.
Trucking companies often respond to an accident quickly by engaging their own lawyers and investigators. You need to level the playing field with a lawyer of your own.
Our knowledgeable truck accident attorneys can gather records, deal with the insurance companies for you, and protect your rights during negotiations or at trial, if necessary. You deserve representation from someone who knows how to push back when the other side tries to shift the blame or undervalue your claim.
Contact The Terry Law Firm for Dedicated Commercial Vehicle Accident Representation
If a commercial vehicle crash injured you or someone you love in Tennessee, reach out to The Terry Law Firm for a free consultation. Our team of personal injury attorneys has over 90 years of combined legal experience and a strong record of securing results in severe accident cases. We know how to deal with trucking companies, insurance adjusters, and the courts.
