Hi, I'm Chad Nelson with DM Injury Law. One of the biggest differences between a truck accident case and a typical car accident case is the amount of investigation that has to happen right away. Trucking accident cases are often more complex, and there are several factors that can make a big difference in the outcome.
First, commercial trucking companies and their drivers have to follow a long list of federal safety regulations. These rules cover things like how many hours a driver can be on the road, drug and alcohol testing requirements, vehicle inspections and maintenance, cargo loading and driver qualifications When a trucking company or driver violates one of those rules and it contributes to a crash, that can be important evidence in your case. Another thing that makes truck accident cases unique is that there may be more than one party responsible. In a typical car wreck, you're usually dealing with one driver. In a truck accident, you may have claims against the driver, the trucking company, the company that loaded the cargo, a maintenance provider, or even the manufacturer of the truck or one of its parts. Identifying everyone who may be responsible is an important part of maximizing a client's recovery. Time is also critical in these cases because of the evidence involved. may also have black box data, GPS records, and dash cam footage.
The problem is that some of this information isn't kept forever. In some cases, it can be overwritten within a matter of weeks. That's why an attorney needs to get involved quickly and send preservation letters to make sure that evidence is protected. Another major factor is insurance coverage. Federal law requires commercial trucking companies to carry significantly higher insurance limits than the average driver. Many companies carry policies of $1 million when someone suffers serious or life-changing injuries. Those larger policies can be essential to making sure they receive full compensation for their losses. Finally, Oklahoma's comparative fault rules apply to truck accident cases, just like they do to other injury claims.