What Makes Trucking Accident Lawsuits More Complex

Tractor trailers, semi-trucks and other large commercial vehicles pose a serious risk to others on the road due to their greater size and weight. If a collision occurs, drivers of smaller vehicles are more likely to sustain devastating injuries. This and other factors make lawsuits over truck accidents markedly more complicated, lengthier and expensive than typical auto crash cases.

Here are the main distinguishing aspects and features of truck accident litigation:

• Severity of injuries — The force of impact from a large, heavy truck can cause catastrophic harm to the occupants of smaller vehicles. Victims frequently sustain traumatic brain injuries, spinal cord injuries, and other severe, long-term consequences that necessitate extensive medical treatment and rehabilitation. The gravity of these injuries translates into higher medical costs and greater financial compensation sought, thereby complicating the litigation process.
• Multiple parties and attorneys — In a truck accident case, several parties can be held liable. These include the truck driver, the trucking company, the truck’s owner, the manufacturer of the truck or its components, the shipper/loader of the cargo, and any maintenance or repair providers. Each of these parties will have their own legal representation, turning the litigation into a multi-faceted legal battle. Coordinating between numerous defendants, each with their own attorneys and defense strategies, adds layers of complexity and prolongs the resolution of the case.
• Higher insurance stakes — Trucking companies typically carry substantial insurance policies due to the high risk and potential for severe accidents. However, these insurers aim to minimize their financial exposure. They often engage in aggressive legal tactics to shift blame or reduce payouts. The involvement of multiple insurance companies, each representing different potentially liable parties, further complicates the proceedings as they each mount their own defense and possibly dispute the extent of liability.
• Regulatory compliance issues — The trucking industry operates under stringent regulations imposed by federal and state authorities. These regulations cover aspects such as driver testing for drugs and alcohol, hours of service, mandatory rest periods, vehicle maintenance, and weight limits. Additionally, drivers are required to maintain accurate logs of their activities. Violations of these regulations can significantly impact the determination of liability in an accident. Proving such violations requires a thorough understanding of the regulatory framework and diligent evidence gathering, which complicates the litigation process.
• Evidence preservation — Critical evidence in truck accident cases includes dash-cam footage, maintenance records, driver logs, and eyewitness testimony. Plaintiffs’ attorneys must act swiftly to secure this evidence before it is lost or potentially tampered with. This necessitates prompt and proactive legal action, often involving emergency court orders to preserve evidence, which adds to the complexity and urgency of the case.
• Black Box data — Many commercial trucks are equipped with electronic control modules, known as black boxes, which record vital operational data such as speed, braking patterns, and engine performance. Analyzing this data can be crucial for determining the cause of the accident. However, interpreting black box data typically requires specialized knowledge and expert testimony, adding another layer of complexity and expense to the litigation process.

The interplay of these factors makes truck accident litigation inherently more complicated and resource-intensive than typical auto crash cases, and makes it essential to retain a New Jersey attorney skilled in this field of law.

The law firm of Kevin T. Kutyla, Esq. in Succasunna is a proven resource for anyone hurt in a truck accident in Morris County, Sussex County or elsewhere in New Jersey. To discuss your potential injury claim, call 973-940-8970 or contact me online.