When you hear the expression “commercial trucks,” that could mean different things. The person who says it could be talking about the big 18-wheelers that you see thundering down the highway. They could be talking about something like a UPS or FedEx truck delivering packages in your neighborhood.
In this instance, we’re talking about the 18-wheelers that you might also sometimes hear referred to as semi-trailers. These trucks typically deliver goods of all kinds. Some of them travel within a couple of states, while others might go all the way from one side of the country to the other.
If you get in a collision with one of these enormous vehicles, then the necessity of finding a commercial truck accident lawyer will quickly become apparent. That’s because commercial truck accidents differ from ones with private citizens in certain ways. We will talk about those differences in detail in the following article.
You’re More Likely to Injure Yourself
First, it’s worth mentioning that if your car collides with a commercial truck, it is much more likely that you will injure yourself. That’s because of the sheer size and weight of these vehicles.
An 18-wheeler weighs multiple tons. That applies even if it’s not loaded up with freight. A fully loaded vehicle of this size weighs even more.
That’s why the drivers of commercial trucks need to have a CDL, or a commercial driver’s license. Once they get one, they can legally operate something of this size.
You would hope that because of the size and weight of these trucks that the driver will exercise extreme caution while they’re on the road. Usually, they do. However, anyone can make a driving mistake, and that includes commercial truck drivers.
One of them can always fall asleep at the wheel. Maybe they’re approaching the end of a long drive, and they’re exhausted. It’s always possible that they’ve consumed alcohol, or maybe they let something like their smartphone distract them for a moment.
If anything like that happens, and a commercial truck driver nudges your car, that can prove disastrous. Your vehicle might fly off the road or hit a concrete highway divider. It can even flip over or fall off an embankment.
If any of these things happen, then you would hope that the driver will stop to help you. There’s a very high likelihood that such an accident will hurt you, though, probably much higher than if you’re in a fender bender with a vehicle that’s closer to your car’s size.
Your Car Will Likely See More Damage
Your vehicle will also probably see more damage from a collision with an 18-wheeler than it would with a car closer to its size as well. Again, a vehicle like a family sedan hitting your car can certainly damage it, but a commercial truck has all of that weight behind it.
Such an accident can easily total your car. If that happens, then you will need to figure out who caused the crash so that you can replace it.
It’s always possible that your vehicle will have extensive damage, but that you can still repair it. It’s when it will cost more to fix it than to replace the vehicle that an insurance company will consider it totaled.
You Won’t Necessarily Know Who to Sue
There’s another important way that collisions with commercial trucks and ones involving a private citizen’s vehicle vary, though. If you get in an accident with a commercial truck, and you feel that the other driver caused the crash, then you might not know who to sue, if anyone.
In any car accident, you need to figure out who caused it. That becomes even more vital if you’re in an at-fault state. In an at-fault state, the insurance of the driver who caused the accident should pay for the vehicle damage, and also compensate the parties involved for any lost wages or medical bills.
If you’re in an at-fault state, and a commercial truck runs into your car, then maybe you’re dealing with both injuries and vehicle damage. You feel strongly that the truck driver caused the accident. You won’t know who to sue if the trucking company’s insurance disagrees, however.
Should you sue the driver, the trucking company, or their insurance? You probably won’t know because you’re presumably not an expert in this area.
That’s a huge difference in what you must determine after a commercial truck accident versus one with a private citizen’s vehicle. If you try to do some research to figure out the best path forward, you might find you’re out of your element. You might feel confused and angry, especially if you’re dealing with serious injuries after the crash.
It’s Often Advisable That You Get a Lawyer
In such situations, getting a lawyer becomes a foregone conclusion. You will need to look around and locate a personal injury attorney who knows all about commercial truck accident cases.
You can meet with them and explain what happened. They will want to know all of the relevant details before deciding whether they want to represent you.
If they decide to take you on as a client, then they can tell you who to sue, assuming you feel a lawsuit represents the best way for you to collect the economic damages that you’re due. These include the costs we previously mentioned, like lost wages and medical bills.
However, you may also decide that you want to collect non-economic damages as well. Those will include things like pain and suffering if the crash injured you.
Your lawyer can direct you to sue the trucking company, the driver, their insurance company, or possibly more than one of those. They will know how to handle this situation if they have acted on behalf of other individuals in your situation before.
Hopefully, with you lawyer’s help, you can navigate this treacherous terrain and collect the money you are due.
Rick LeBlanc, EMBA, is the founder and editor of Reusable Packaging News (subscribe to the free newsletter) and editor of Western Pallet Magazine. A supply chain journalist with more than 30 years of experience, he specializes in pallets, reusable packaging, material handling and related operations. Rick is co-author of Pallets: A North American Perspective and Pallets & Progress: A Collected History of Pallets and Palletized Handling 1922–1945. He is also an advisory board member of the Virginia Tech Center for Packaging and Unit Load Design. Read Rick’s full bio.
