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Are Trucking Accident Cases Different than other Motor Vehicle Accident Cases?

September 23, 2014 by John Walt Leave a Comment

Are Trucking Accident Cases Different than other Motor Vehicle Accident Cases?

If you were injured in a trucking accident chances are good that you suffered serious injuries. If the truck driver caused, or contributed to, the collision you may be entitled to compensation for those injuries. Litigating a trucking accident case is fundamentally the same as any other motor vehicle accident; however, there are some important differences that do make trucking accident cases different than other motor vehicle accident cases.

The extent and severity of the injuries involved is one distinguishing feature of trucking accidents. While injuries from a passenger vehicle crash can also be severe, a victim stands a much better chance of being seriously, even fatally, injured when a tractor-trailer is involved in a collision. When injuries are severe or fatal, it typically takes longer to settle a motor vehicle accident case.

The most important difference though in a trucking accident case is that there are frequently multiple defendants involved. If a truck collides with your vehicle, you may end up including a variety of parties as defendants in the lawsuit, including, but not limited to:

  • Truck driver
  • Trucking company
  • Owner of the cargo
  • Manufacturer of the tractor-trailer
  • Maintenance company/provider

Litigating a case where multiple defendants are involved is much more complicated than a case with just one defendant. First, it must be determined that someone was negligent. To be entitled to any compensation, you will have to prove that someone other than you was over 50 percent at fault in the collision. If multiple defendants are involved, it must then be determined which of the defendants share in that negligence and to what extent. For example, let’s assume that the truck is determined to be 100 percent at fault in an accident wherein you stopped suddenly and the truck rear-ended you because it was following too close. It turns out, however, that proper maintenance was not performed on the truck, causing the brakes not to operate properly. That, in turn, made the accident worse than it should have been. Therefore, the trucking company might share some blame for not making sure the maintenance was performed properly. The maintenance provider might also share some blame for shoddy workmanship. Of course, the truck driver is also at fault for following too closely. Those three parties will eventually be responsible for 100 percent of you injuries; however, dividing up the fault can be an arduous process that will likely require the assistance of an accident reconstruction expert – another common difference in trucking accidents.

Ultimately, a trucking accident case will be resolved in the same way as any motor vehicle accident case – by out of court settlement or trial. Trucking accident cases are just more complex and often take more time to reach a resolution.

If you have been injured in a trucking accident, or have lost a loved one in one, contact an experienced Michigan trucking accident attorney as soon as possible to determine if you are entitled to compensation for your injuries or your loss.

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John Walt
John Walt
John Walt began practicing law in 1980 having graduated from the University of Michigan in 1977 and the University of Detroit Law in 1980. His practice areas have taken him to courts all over the state to Detroit, Flint, Saginaw, Bay City and points in between.
John Walt
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