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Unique Issues in Truck Accident Lawsuits

Casey Woodruff

People might think that a lawsuit related to a truck accident is just like any other type of car crash lawsuit, but there are many differences that people should be aware of when selecting a Kane County trucking accident attorney. One obvious difference is that trucks are considerably larger than the average car.  The size of the vehicles involved in an accident has important implications for how the accident is likely to play out.

The increased size of the trucks means that they can do more damage to other cars.  According to the National Highway Traffic Safety Administration, trucks are disproportionately responsible for fatal accidents. Additionally, because of their increased size, injuries are more likely to be sustained by bystanders or car passengers, rather than the truck drivers themselves.  Moreover, truck accident lawsuits are also affected by the different types of drivers involved and the different evidence available.

Different Drivers

The fact that truck accidents involve professional drivers affects truck accident lawsuits in several different ways. First, it means that there are special regulations that govern truck drivers, such as limits on the amount of time that they spend on the road. Violation of these regulations may be used as evidence of negligence on the part of the truck driver or trucking company.  Second, the law may hold them to a higher standard of care because they are professional drivers. Third, the fact that they are professionals means that there are likely to be more parties involved in the case. For instance, if the trucker is employed by a company, that company may also be held responsible for the accident. This is especially true in cases that involve direct carelessness on the part of the company, such as a failure to properly maintain the truck, which results in an accident.

Unique Types of Evidence

Another difference is that truck accidents require different types of evidence to be gathered, much of which is not available in ordinary car accident cases. For instance, trucking companies and their drivers are usually required to keep a log of their drive time. These logs contain important information about how long the driver had been on the road prior to the accident. Many trucks themselves also have sophisticated electronic diagnostic equipment that can shed light on possible mechanical failures in the truck.

Trucking accidents may also involve different testimony by expert witnesses about things like what the industry standard operating procedures are in certain situations. If these experts can help show that the driver in the case failed to live up to these sort of industry customs, then that may be able to form the basis of a claim against the trucker.
All car accidents have the potential to be serious, but truck accidents can be especially complex. If you have been involved in a traffic accident with a large truck, contact a Kane County truck accident attorney at Woodruff Johnson & Evans today to learn more about your rights.

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