Litigation involving truck accidents is significantly more complicated, lengthy and expensive compared to typical auto crash cases. Whereas a typical auto collision might involve two vehicles of compatible size and weight, a truck accident might put a 5,000-pound passenger car or SUV up against an 80,000-pound tractor trailer. Not only can the bodily harm and property damages resulting from such a crash be extreme but the causes of such accidents can be harder to pinpoint. What’s more, the fault can be shared among multiple parties and their principals.

The following are the main reasons why assigning liability in truck accident litigation is often complex:

• More severe injuries — The sheer size and weight of semitrucks, tankers, dump trucks and other large commercial vehicles contribute to more severe injuries in accidents. These vehicles are far heavier and less maneuverable than typical passenger cars, resulting in devastating impacts during collisions. The high potential for catastrophic injuries or fatalities increases the stakes, often leading to prolonged legal battles to secure adequate compensation for victims.

• Multiple parties — Truck accident litigation often involves numerous parties beyond the truck driver, including the trucking company that employs them, the owner of the truck, the manufacturer of the truck or its components, the shipper or loader of the cargo and any maintenance or repair providers. Each of these parties may share responsibility for the accident, necessitating a complex investigation to determine percentage of fault. 

• Higher insurance stakes — Given the potential for substantial damages, trucking companies typically carry higher insurance coverage. Insurers are well aware of the high payouts associated with truck accident claims and often employ aggressive tactics to minimize their liability. They may seek to shift blame to other parties involved in the incident or contest the extent of the injuries claimed by the plaintiff. 

• Regulatory compliance issues — Truck drivers and trucking companies must adhere to federal and state regulations, including those that govern driver testing for drugs and alcohol, limited hours of service, mandatory rest periods, vehicle maintenance and weight limits. Drivers are also required to keep accurate logs of their hours and activities. Non-compliance with these regulations can be a significant factor in determining liability. 

• More elaborate evidence — Evidence in truck accident cases can be extensive and technologically sophisticated. It may include dash-cam footage, maintenance records, driver logs, and data from black boxes (electronic control modules that record details about the truck's operation, such as speed, braking, and engine performance). Analyzing this evidence is a complex process that typically requires expert witnesses, adding to the length and cost of litigation.

The presence of multiple parties, each with their own legal representation, means that truck accident cases are usually more intricate and contentious. Given the complexities and high stakes involved, it is important for injured plaintiffs to be represented by an experienced truck accident lawyer.

At Brown, Novick & McKinley Attorneys at Law in Woodbury, we strive to help victims of New Jersey trucking accidents obtain fair settlements or verdicts. To schedule a free consultation, call 866-942-4909 or contact us online.