Every case is different, but truck accident claims often involve more compensation than other motor vehicle cases. That is because truck crashes frequently cause catastrophic injuries that require long-term medical care, lead to significant lost earning capacity, and result in serious pain and suffering. The high policy limits on the trucking company’s commercial insurance coverage can also play a role in determining the value of a claim.
Virginia follows a strict contributory negligence rule. That means if the insurance company can show your negligence was a proximate cause of the crash – even if only slightly – you could lose your right to recover any compensation. Trucking company insurers understand contributory negligence and will often attempt to shift blame onto the injured person. Acting quickly to preserve key evidence is essential to protecting a claim.
The FMCSA enforces a wide range of safety rules that apply to commercial trucks.
Some examples include:
- Hours-of-service limits that restrict how long a driver can stay behind the wheel
- Mandatory drug and alcohol testing requirements
- Cargo securement standards
- Regular vehicle inspection schedules
- Underride guard regulations designed to prevent smaller vehicles from sliding beneath trailers
A trucking company can bear responsibility for a crash in several ways. For example, if the company hired a driver with a poor safety record, failed to provide adequate training, or pressured the driver to violate hours-of-service rules, the company itself may be at fault. Even in the absence of these or other instances of negligence, the legal principle of vicarious liability often holds employers liable for their employees’ actions.
Truck accident cases are often far more complex than standard car accident claims. Multiple parties may share liability, including the driver, the trucking company, cargo loaders, and maintenance providers. Federal regulations from the FMCSA add another layer of complexity not present in most car accident cases.
Trucking companies typically carry much larger commercial insurance policies, and their insurers often mount aggressive defenses to minimize payouts.
A police report is a good starting point, but many other forms of evidence can strengthen a truck accident claim.
Some of the most overlooked include:
- Electronic control module (ECM) data – Often called the truck’s “black box,” this device records speed, braking patterns, and other driving behavior leading up to a crash.
- Driver logs and hours-of-service records – These can show whether the driver exceeded federally mandated driving limits set by the Federal Motor Carrier Safety Administration (FMCSA).
- Dashcam footage – Video from the truck’s onboard cameras or nearby vehicles can reveal exactly what happened.
- Maintenance and inspection records – These can show whether the trucking company kept the vehicle in safe working condition.
- Cargo loading documents – Overloaded or improperly secured cargo can cause rollovers, jackknife accidents, and other dangerous situations.
- Driver qualification records – These files reveal whether the driver had the proper training, licensing, and medical clearances to operate the vehicle.
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