Hit by a Semi or Work Truck? Why These Crashes Are Different

A crash with an 18-wheeler, delivery van or company truck can feel like a regular car accident at first. It isn't. The vehicle is bigger, the injuries are often worse and the other side usually has a team working on the claim before you've left the hospital. I'm Frank Stucki, Esq., MBA. Here's what makes these cases different and what you can do about it.

More than one driver and one policy

In a typical car crash, there's one driver and one insurance company. With a commercial vehicle, there may be several layers of responsibility and coverage:

• The driver
• The company that employs the driver or hired the truck
• The owner of the truck or trailer, which may be a different company
• The business that loaded the cargo or maintained the vehicle

Each may have its own insurance, and commercial policies are often structured in layers. Sorting out who is responsible, and which policy applies, is part of the work.

Records that can disappear

Commercial vehicles generate evidence that ordinary cars don't. Much of it is in the trucking company's hands, not yours:

• Driver logs and hours-of-service records that show whether the driver was overdue for rest
• Electronic data from the truck's onboard systems, such as speed, braking and engine information
• Dashcam and fleet camera footage
• Maintenance and inspection records for brakes, tires and lights
• Dispatch and delivery records showing schedules and pressure to keep moving

Some of these records may only be kept for a limited time. A prompt preservation letter asks the company to keep them. Waiting can mean they're gone.

Rules that raise the bar

Commercial drivers and carriers often must follow safety rules that go beyond ordinary traffic laws, including rules on driver qualifications, rest and vehicle upkeep. When those rules are broken, it can matter to the case.

What you can do now

• Get medical care and follow through with it.
• Photograph the truck, its company name, DOT number and plate.
• Get witness names and the police report number.
• Don't give a recorded statement to the trucking company's insurer before talking to a lawyer.

Deadlines apply to every injury claim, and some come sooner than people expect. Ask early, while the evidence still exists.

Read the full guide: https://bornandraisedlaw.com/car-accidents

Call 702.702.2676

Frank Stucki, Esq., MBA

This article provides general legal information, not legal advice. Reading it does not create an attorney-client relationship.

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ABOUT THE AUTHOR

By Frank Stucki

Frank is a trial attorney licensed in Nevada, Washington, and Utah, handling personal injury, institutional abuse, and catastrophic injury cases. California and other states are handled with local co-counsel.

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