While the common causes of TX semi-truck accidents vary, something stays the same. Any vehicle accident can leave you shaken. Injuries also aren’t unheard of, even in minor fender benders. When a vehicle accident involves a large commercial truck, you’re probably feeling more than just a little shaky. Injuries and property damage tend to be severe.
You’re fairly certain you can file an accident claim, but how do you get started? Filing a truck accident claim isn’t quite the same as trying to recover compensation after a passenger car collision. Understanding the differences can be key to your claim’s success.
Key Differences Between Semi-Truck and Passenger Vehicle Accident Claims
You’ve probably figured out that the weight and sheer size of a commercial truck are key differences. Obviously, damage, including injuries, is typically more severe when you’re dealing with larger vehicles. However, this isn’t the only difference you’re probably going to need to navigate. State and federal laws can also impact a commercial trucking accident claim.
Injury and Property Damage Severity
We briefly mentioned injuries are usually more severe in a commercial truck accident. Once again, you’re dealing with a larger and heavier vehicle compared to a standard passenger car or even a heavy-duty pickup truck.
Severe injuries like those to the brain (TBI) and spinal cord typically mean higher claim values, and this can complicate the process.
More Than One Liable Party
Sure, vehicle accidents can have multiple liable parties. A good example is a multi-car pileup. Trucking accidents often have more than one liable party making it tough to easily determine liability. You must name a liable party on your trucking accident claim. Without a liable party, you have no idea who owes you financial compensation. In other words, you can’t just file a nameless compensation claim and hope someone decides to pay its value.
Who can be liable in a trucking accident? Sometimes, the driver isn’t the liable party. The driver may also only be partially responsible for the collision. Your accident claim may also name the trucking company, vehicle/parts manufacturer, or a third-party service provider. You’re going to need a pretty extensive understanding of the transportation/trucking industry to figure out who’s responsible for covering your damages.
Trucking Regulations Can Be Confusing
Even long-term truck drivers can still get a little confused by the various state and federal regulations governing the industry. While the regulations generally work together, it still doesn’t make understanding them any easier.
These various laws are enforced by the Federal Motor Carrier Safety Administration (FMCSA). Everything from the truck’s required maintenance to the number of hours a driver can log behind the wheel each day is regulated by the FMCSA. Violating any state or federal regulation can play a role in determining accident fault.
Higher Insurance Policies for Trucks
Insurance policies tend to have a higher value compared to standard full-coverage auto insurance. The higher policy value is necessary to cover the extensive damage that typically occurs in truck accidents.
Don’t breathe a sigh of relief just yet. Higher policy values don’t necessarily mean it’s easier to recover compensation. You may not be dealing with policy caps. However, insurers aren’t always willing to pay out higher-value claims. You should expect a bit of a fight throughout the claim process.
What to Do After a Semi-Truck Accident
Recovering compensation after a semi-truck accident can be a frustrating process. What you do immediately after the collision can help make the process go a little more smoothly. At the very least, these steps can help protect your ability to file a claim.
Report the Accident
This should be an easy step to follow. Most collisions with commercial trucks result in extensive property damage. In other words, you’re probably not going to be able to drive your vehicle.
Texas law is pretty clear when traffic accidents must be reported. Any vehicle accident resulting in injuries, fatalities, or property damage exceeding $500 must be immediately reported. Chances are, your trucking accident meets at least one of these criteria.
Assess Your Injuries
Your adrenaline is probably pumping after the accident. You want to jump out of your vehicle and start assessing the damage. Before you give in to this impulse, take a second to check for any injuries. Don’t forget to check for any hazards, like oncoming traffic, before getting out of your car. The last thing you want is to cause another accident just by opening your car door.
If you or anyone else suffers injuries, relay this to the emergency operator. This way, they know which type of emergency response personnel to send to the accident scene.
Try to Gather Evidence
Remember, you’re getting ready to file a claim against what’s probably a large insurance company. They have lawyers and investigators ready to start picking your claim apart. You’re going to need plenty of supporting evidence.
If your injuries allow you, try to document the accident scene. Take pictures of your visible injuries and any property damage. Try to get a shot of your vehicle’s position. This can help establish fault. Don’t forget Texas is a comparative negligence state. The evidence you collect at the accident scene can help ensure you’re not assigned blame unfairly for the collision.
Why Commercial Vehicle Accidents Occur: Understanding the Causes(Opens in a new browser tab)
Contact Your Insurance Provider
Even if you’re not filing a claim with your insurance provider, it’s still a good idea to give them a heads-up about the accident. Keep your information brief, and don’t answer any questions. You don’t want anything you say used to potentially reduce your claim’s value. Hold off on notifying the truck driver’s insurance provider. Wait until you’re ready to start the claim process.
Don’t Be Confused By Trucking Regulations
Filing a claim after a commercial truck accident isn’t quite the same as recovering compensation after a car collision. Sure, the basic steps for filing the claim are basically the same, but the initial process is a little different. You’re navigating various trucking regulations, and these can impact your accident claim. Avoiding the confusion is easy when you partner with an experienced Texas trucking accident attorney.
