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Monday, January 5, 2015

How Trucking Accident and Car Accident Lawsuits Differ

Is pursuing a personal injury claim resulting from a truck accident the same as pursuing a claim resulting from a car accident?

When you operate or drive in any type of motor vehicle you are taking a risk.  Whether it is a car, motorcycle or commercial truck, accidents happen more than we like to admit to ourselves.  When large trucks are involved in an accident the risk that a serious or fatal injury will occur is increased significantly.    If a person is injured or killed in a trucking or car accident due to the negligence of one of the parties, he or she may be entitled to compensation.

While both trucking and car accident cases involve automobiles and share certain characteristics, they also differ in a variety of ways.  One way in which trucking accident cases vary from car accident cases is that different laws are applicable to each.  Trucking is an industry and therefore certain Federal and state laws regulate it.  For instance, truck drivers must meet certain requirements in order to obtain and retain their licenses.  While those that operate regular motor vehicles must also obtain a license, the requirements for commercial drivers are much more stringent.  Truck drivers must also operate their vehicles in accordance with these specific laws as well as with those applicable to regular drivers.  Violations of any of the laws that regulate the trucking industry may be proof of negligent conduct in an action for personal injuries or wrongful death.

Another difference between trucking and car accident cases is the types of parties that may be involved.  While in a regular automobile accident there is usually only one or two parties to sue (the other party and/or the insurance), in a trucking accident there is a wide variety of parties that can be held liable for negligence.  These include the truck owner, operator, manufacturer and those that loaded and unloaded the truck, among others.  Any of these parties can be named as defendants in a personal injury or wrongful death action stemming from a trucking accident.

Also, in most cases, owners and operators of commercial trucks are required to have a minimum amount of liability insurance.  Therefore, higher damages might be available in these cases as opposed to ordinary automobile cases.

If you or a loved one was injured or killed in a trucking accident, Flora Templeton Stuart can help.  She represents clients in Warren and Barren Counties, and throughout the State of Kentucky.  Call her office at (888)782-9090 24/7 to speak with a team member about scheduling a free consultation.

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