Hurt Advice: Truck Accident Claims vs. Car Accident Claims—Key Differences

TL;DR (Too Long; Didn't Read)

Truck accident claims are typically more complex than car accident claims due to federal regulations, multiple liable parties, larger insurance policies, and more severe injuries. Understanding these differences can help you navigate your claim more effectively.

Introduction

If you've been in an accident involving a commercial truck, you may be facing a situation very different from a typical car accident. The size of the vehicles, the parties involved, and the applicable laws all create unique challenges—and opportunities.

This guide provides general educational information about the differences between truck and car accident claims. It is not legal advice. Consult with a professional for guidance on your specific situation.

Key Takeaways

• ✓Truck accidents often cause more severe injuries due to vehicle size
• ✓Multiple parties may be liable (driver, trucking company, cargo loaders)
• ✓Federal and state regulations apply to commercial trucks
• ✓Trucking companies have larger insurance policies (often $1 million+)
• ✓Evidence preservation is crucial—trucking companies may act quickly

Key Differences at a Glance

Why Injuries Are Often More Severe

Commercial trucks can weigh 20-30 times more than passenger cars. This size difference means:

• ✓Crashes involve significantly more force
• ✓Passenger vehicles absorb most of the impact
• ✓Fatalities and catastrophic injuries are more common
• ✓Multiple vehicles may be involved in chain reactions
• ✓Recovery times are often longer

Example Scenario 1: The Cargo Spill

Angela was driving on I-5 near Fresno when a flatbed truck's unsecured cargo shifted, causing the truck to jackknife. Angela couldn't avoid the accident and suffered broken ribs and a fractured pelvis. Investigation revealed the cargo loading company had failed to properly secure the load. Angela's claim ultimately involved three parties: the truck driver, the trucking company, and the loading company—each with separate insurance.

Multiple Liable Parties

Unlike typical car accidents, truck accidents may involve multiple responsible parties:

Federal Regulations Matter

Commercial trucks are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations, including:

• ✓Hours of Service rules (limiting driving time to prevent fatigue)
• ✓Required rest periods between shifts
• ✓Drug and alcohol testing requirements
• ✓Vehicle inspection and maintenance requirements
• ✓Driver qualification standards
• ✓Electronic Logging Device (ELD) requirements

Violations of these regulations can be powerful evidence in a claim.

Example Scenario 2: Driver Fatigue

Robert was hit by a semi-truck that drifted into his lane on Highway 99 near Bakersfield. The truck driver had been driving for 14 hours straight, violating Hours of Service regulations. Electronic logging device data proved the violation. This regulatory breach strengthened Robert's claim against both the driver and the trucking company, which had pressured the driver to make unrealistic delivery times.

Insurance Differences

Commercial trucks carry much higher insurance minimums:

• ✓Federal minimum: $750,000 for general freight
• ✓Hazardous materials: $1 million to $5 million
• ✓Many trucking companies carry $1-5 million or more
• ✓This contrasts with California's $15,000 minimum for passenger cars

Higher policy limits can mean more resources are available for compensation, but also means more aggressive defense.

Evidence Preservation Is Critical

Trucking companies and their insurers often send investigation teams to accident scenes immediately. Important evidence can disappear quickly:

• ✓Electronic logging data may be overwritten
• ✓Driver logs and inspection records can be altered
• ✓Witness memories fade
• ✓Vehicle repairs may destroy physical evidence
• ✓Companies may have internal investigations that are protected

Quick action to preserve evidence is often essential in truck accident claims.

Quick Checklist: After a Truck Accident

• ✓☐ Seek immediate medical attention
• ✓☐ Call 911—police reports are crucial
• ✓☐ Document everything (photos, videos, witness info)
• ✓☐ Get the truck driver's information AND trucking company name
• ✓☐ Note the DOT number on the truck (usually on the door)
• ✓☐ Don't give recorded statements without preparation
• ✓☐ Consider consulting an attorney early (evidence can disappear)
• ✓☐ Keep all medical records and bills
• ✓☐ Don't sign anything from the trucking company

Frequently Asked Questions

Next Steps

If you've been in a truck accident, understanding the unique aspects of your claim is important:

• ✓Learn about the claims process (/blog/california-injury-claims-101)
• ✓Understand medical bill payment options (/blog/medical-bills-after-accident-who-pays)
• ✓Know how to handle insurance adjusters (/blog/insurance-adjusters-what-they-want)
• ✓Contact Hurt Advice for guidance (/contact)
• ✓Visit our homepage for resources (/)

Disclaimer

This article is for general informational purposes only and is not legal advice. Truck accident claims involve complex factors that vary based on specific circumstances. Consult with a qualified attorney for guidance on your particular situation. Hurt Advice provides information and resources but does not guarantee any specific outcome.