Research shows that approximately one person in Texas suffers injuries in a car accident every two minutes. Such crashes also lead to a fatality every two and a half hours. The most common causes of these injuries and deaths are car crashes and commercial truck wrecks.
If you suffered injuries or lost a loved one in any of these accident types, you may wonder about the process of filing a claim. Read on to discover the difference between car crash injury claims and commercial truck wreck claims in Texas.
Commercial Truck Claims Often Involve Severe Injuries
A notable difference between car and truck injury claims is that the latter often include demands for severe physical injuries. This aspect is because trucks are large and lead to more significant impacts. The most common injuries included in commercial truck claims are:
- Spinal injuries
- Seat belt injuries
- Traumatic brain injuries
On the other hand, car accident claims often include minor injuries. Such are strained muscles or ligaments, scratches, concussions, and muscle tears.
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Liability for Commercial Truck Wrecks Can Differ
When a car accident occurs, the liability often lies with one or multiple drivers. Claiming damages for such crashes mainly involves investigating which motorist was negligent at the time of the crash.
This case is different in commercial truck injury claims since multiple parties may be liable. For example, if an accident occurs due to poor brake maintenance, the trucking company may be held responsible. Texas law requires them to maintain their vehicle through regular servicing. Drivers also need to inspect different parts before starting their journeys.
Some truck accidents can happen due to failing to secure luggage properly. In such a case, you can hold the shipping or loading company liable for damages.
Since different people may be responsible for a truck accident, you must investigate all parties who have a duty of care when filing an injury claim. These can include the driver, trucking company, manufacturer, and maintenance company.
Evidence Used in Both Claims Differs
Another difference between a commercial truck and a car crash injury claim is the evidence supporting each case. When claiming compensation for injuries caused by a car, you can rely on images and videos taken at the scene. It is also possible to use medical and police reports to prove the injuries you claim were from the crash.
On the other hand, seeking a settlement for a commercial truck accident needs more evidence. This measure helps the court or insurance adjusters determine liability. It also allows them to identify if other parties apart from the driver contributed to the crash.
Some of the evidence needed for a commercial truck wreck claim are:
- Vehicle maintenance records
- Drug screening records
- Documents indicating hours of service
- Dispatch instruction
- Truck inspection records
Truck drivers must undergo enough training to acquire the skills needed for handling these vehicles. Trucking companies also must ensure that they hire qualified staff. When involved in a commercial truck accident, you can use the driver’s qualification and training file to prove they did not have the necessary skills.
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Claims for Commercial Truck Wrecks Include More Damages
Commercial trucks have blind spots, which means that the driver might not have a good view of some road sections. This aspect makes it challenging to act promptly during emergencies, leading to more severe crashes.
As a result, a claim for a commercial truck accident may include more damages than that of a car crash. For example, it can contain charges for replacing a vehicle when the cost of repairing it is more than its current value.
The claim may also include future medical expenses and costs for buying assistive devices like crutches. Other damages you may include in a commercial truck injury claim are:
- Loss of income
- Consortium losses
- Vehicle repair costs
Injuries sustained in a truck accident may lead to disability and affect your quality of life. You might also need to remodel your car and parts of your home to make them more accessible. When filing a commercial truck wreck injury claim, you may include these expenses as part of the settlement value.
Pain and Suffering
Another damage you are more likely to find in a commercial truck claim than a car accident claim is pain and suffering. This can help you compensate for the anguish and emotional distress the event caused.
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Contact Loncar Lyon Jenkins for a Free Case Evaluation Today
At Loncar Lyon Jenkins, we represent car and truck accident victims seeking compensation. Our attorneys will evaluate your case to determine liability and assess all the damages sustained. They will also support the claim with the necessary evidence to boost the chances of getting a fair settlement.
If you suffered injuries in a commercial truck or car accident, contact Loncar Lyon Jenkins today by phone or online for a free case assessment.