Differences between a truck accident and a car accident.
An 18-wheeler truck accident vs. a car accident.
This seems like a question with an obvious answer. By “truck accident” I am talking about over-the-road truck accidents, usually involving 18-wheelers. Obviously these accidents tend to be much more serious.
The most obvious reason is simple physics. Newton’s Second Law is that Force = Mass x Velocity. Truck accidents involve a much larger and heavier vehicle. So any collision involving a large truck, especially an 18-wheeler, usually involves a greater force at impact.
A greater percentage of truck accidents tends to occur on interstate freeways, because that’s where you find your over-the-road traffic. On the other hand, car accidents, which are much more frequent, happen anywhere and everywhere.
Issues Unique to a Truck Accident.
Mandatory insurance in a truck accident vs. a car accident.
If a truck accident involves an interstate truck driver, federal law requires that the carrier must maintain much higher limits of liability coverage. This link will provide a .pdf document from the Federal Motor Carrier Safety Administration website that contains a schedule of the minimum required coverages which begin at $750,000: http://www.fmcsa.dot.gov/documents/forms/part_387.pdf
These minimum liability insurance limits for interstate trucking companies are much higher than the minimum of $25,000 in liability coverage required for personal motor vehicles under state law.
Federal court jurisdiction in a truck accident vs. a car accident.
Accidents involving over-the-road truck drivers from out-of-state often raise the availability of federal court jurisdiction. This is the court system of the United States government instead of state courts where car accident cases are usually filed. Federal court jurisdiction is available in cases involving citizens of different states, if the “amount in controversy” (i.e. the amount of damages claimed) exceeds $75,000.
Seek an experienced accident attorney in a truck accident case.
Accidents involving over-the-road truck drivers from out-of-state often raise the availability of federal court jurisdiction. This is the court system of the United States government instead of state courts where car accident cases are usually filed. Federal court jurisdiction is available in cases involving citizens of different states, if the “amount in controversy” (i.e. the amount of damages claimed) exceeds $75,000.
Seek an experienced accident attorney in a truck accident case.
Persons injured in a serious truck accident should seek an experienced personal injury attorney, especially one who is familiar with practicing in federal court. Federal court involves different rules of procedure and discovery and is generally much more formal and controlled than cases in state court.
I have handled many truck accident cases in federal court. These cases require a higher level of expertise in knowing the rules and protecting your client’s rights due to the particular issues involved in a truck accident case.
RATE THIS POST
Loading...
