While car and truck accidents have many similarities when filing an injury claim, there are also many differences. Knowing the legal process for each type of injury claim is essential to fighting for the compensation you deserve.
An example of the difference between car crash injury claims and commercial truck injury claims is that in truck accidents, you usually go against the trucking company—not the person who caused the accident. Also, commercial trucks often cause more severe injuries because of their large size.
There Are Many Differences Between These Two Types of Injury Claims
After getting involved in a car accident or commercial truck accident, the injured party can file an injury claim. Sometimes, liability is easy to determine and the injured person knows who to file a claim against. Sometimes, it is more difficult to identify who is legally responsible for the accident. One difference between car crash injury claims and commercial truck injury claims lies in the complexities of determining the liable party.
Who to File the Claim Against
After a truck accident, you can file a claim against the trucking company or the driver. A lot depends on how the accident happened and who was at fault. Keep in mind that the trucking company could have the resources to hire aggressive counsel to fight your claim.
For a car accident, you typically file a claim against the at-fault driver and mostly deal with their insurance company through the claims process.
How the Accident Occurred
In a car accident, the person who caused the accident is typically at fault. Their insurance company should cover the accident in this case. While how the accident occurred still matters, it usually doesn’t alleviate the at-fault driver from accepting liability.
However, if the truck driver caused a commercial truck accident, they may not necessarily be at fault. For instance, if the accident happened because of poor cargo loading or failure to maintain the truck, the trucking company could be liable for the accident. Knowing exactly how the accident occurred can help determine who to file your injury claim against.
The Severity of Your Injuries
While car accidents can cause extensive injuries, commercial truck accidents have a higher likelihood of causing severe injuries—mainly because the average weight of a commercial truck is around 20,000 pounds, while the average weight of a car is about 4,000 pounds.
The Federal Motor Carrier Safety Administration has safety restrictions in place to ensure that trucks on the road are not overweight. Like its large size, a commercial truck’s heavy weight can cause more damage.
The severity of your injuries can significantly change your injury claim. People who sustain significant injuries could require medical attention in the future. Therefore, they would need to include the cost of future medical care, lost income, and more in their claim. The more severe your injuries are, the more compensation you could receive through a truck accident claim.
Trucking Companies and Truck Drivers Typically Have More Insurance Coverage
When a car accident happens, the insurance company usually pays the maximum amount based on the policy the driver purchased. After sustaining an injury, it’s possible you won’t receive as much compensation if the at-fault party’s insurance policy maximum is not high.
However, trucking companies and truck drivers typically have higher insurance maximums because of the high level of damage their trucks can cause. Therefore, injury victims could recover more compensation since they have higher maximums with their insurance policy.
After getting injured in a car or truck accident, an attorney can help ensure that you get the compensation you need for your losses, regardless of the policy maximums.
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Trucking Accidents Are Usually More Complex Than Car Accidents
While car accidents can get complicated, especially if the at-fault driver isn’t accepting fault, the issues are often easier to resolve.
Commercial truck injury claims usually involve more severe injuries and discrepancies in liability. There could also be multiple insurance companies involved, depending on what caused the truck accident.
Contact an Attorney Today to Learn More About Injury Claims
If you or a loved one sustained injuries in an accident with a car or commercial truck, an attorney can help you file a claim against the liable party. At The Fitch Law Firm LLC, we’re here to guide you through the claims process from start to finish. We can also explain the difference between a car crash and a commercial truck injury claim in greater detail.
Contact our accident attorneys today for a free consultation, so we can learn more about your injuries and get started on your case. In Ohio, the injured party generally has only two years to file a lawsuit. So, don’t delay—reach out to us as soon as possible.