Ohio Truck Accident Help

A Division of Ohio Truck Accident

October 11, 2024

10 Challenges in Truck Accident Claims & How to Overcome Them

Accident Types,  

10 Challenges in Truck Accident Claims & How to Overcome Them

When an 18-wheeler hits you, everything is bigger—the damage, the injuries, and the legal complications.

The Truck Accident Challenges You Didn’t Expect

Truck accidents are different from regular car accidents. These massive vehicles create far more severe consequences, and navigating the legal aftermath is no small feat.

At Ohio Truck Accident Help, our legal team knows exactly what you’re up against and how to help you through it. Below, we’ve highlighted 10 unexpected challenges that often come with truck collisions and practical advice to help you handle each one.

 1. Truck Crash Evidence Gets Lost Fast

Unlike a standard car accident, where the evidence might only include photos or witness statements, truck accidents involve complex data like driver logs, maintenance records, and electronic logging device (ELD) information. This information is crucial in proving negligence or regulatory violations. However, trucking companies often have protocols to protect themselves and may “accidentally” lose or destroy this evidence, significantly if it could hurt their case.

Driver logs can reveal whether drivers violated hours-of-service rules, which regulate how long they can be behind the wheel without rest. Maintenance records can show if the truck was kept in proper working order, and any failure to perform routine inspections or repairs could indicate negligence.

ELD data is even more detailed, tracking the truck’s speed, braking patterns, and even how long the driver had been on duty before the crash. This crucial data can be overwritten, lost, or intentionally destroyed if not quickly secured.

How to Protect Truck Accident Evidence

Trucking companies know the importance of this evidence. The sooner you involve an experienced truck accident attorney, the better your chances of preserving it.

One of your lawyer’s first steps is sending a spoliation letter to the trucking company. This legal document requires the company to preserve all relevant evidence—driver logs, maintenance records, ELD data, and even surveillance footage, if available. This step is critical to prevent tampering or destroying key information that could strengthen your case.

2. Identifying All the Liable Parties Can Be Tricky

In truck accidents, more than just the truck driver might be responsible. Liability often extends to several parties, including the trucking company, cargo loaders, vehicle maintenance teams, or even manufacturers of faulty parts. Missing one of these parties can significantly reduce your compensation.

A trucking company may have pushed drivers to violate safety regulations, or maintenance workers could have failed to service the truck properly. If the cargo was improperly loaded, it could shift during transit, contributing to the accident. The layers of liability make these cases more complicated than standard car accidents.

How to Pinpoint Everyone Responsible

To identify all responsible parties, you need a comprehensive investigation. An experienced attorney will thoroughly investigate the crash, including reviewing the truck’s maintenance records, cargo logs, and employment history. This allows them to uncover any signs of negligence or corporate pressure that contributed to the accident, ensuring every liable party is held accountable and that you receive the full compensation you deserve.

3. Truck Regulations Complicate Your Case

Trucking accidents are governed by strict Federal Motor Carrier Safety Administration (FMCSA) regulations. These laws, which cover everything from how long drivers can stay on the road without a break to the types of inspections trucks must pass, are critical to determining fault in a truck accident case.

However, these regulations are often complex and change based on state and federal guidelines. If a driver violated hours-of-service rules or if the company failed to maintain its fleet, those violations could strengthen your case.

Navigating Truck Regulations

Understanding these rules takes focused legal knowledge. A skilled truck accident attorney can identify FMCSA violations and incorporate them into your case strategy, whether proving the truck driver was overworked or highlighting maintenance failures. This makes it much easier to show negligence and strengthen your compensation claim. 

4. Rapid Response Teams Favor the Trucking Company

Trucking companies often send out “rapid response” teams to the scene when a truck accident occurs. These teams, typically composed of investigators, lawyers, and insurance representatives, are dispatched immediately to protect the company’s interests and gather evidence in their favor.

These teams move fast, collecting evidence and sometimes even speaking to witnesses before you have a chance to respond. Their goal is to build a case that reduces the company’s liability.

How to Level the Playing Field

Time is critical here. As soon as you can, you need to hire an attorney to send your investigative team to the accident site. Having legal representation from the start helps balance the scales. It ensures that all relevant evidence is preserved, preventing the trucking company’s rapid response team from skewing the facts.

5. Trucking Insurance is Complicated

Commercial trucking insurance is far more complex than standard auto insurance. These policies often involve multiple levels of coverage, higher limits, and specific exclusions that can affect your claim. Knowing which policy applies and how much coverage is available requires a deep understanding of commercial insurance.

Without significant experience in this area, it’s easy to miss potential sources of compensation or fall victim to insurance company tactics to minimize payouts.

Maximizing Your Insurance Claim

To navigate these insurance policies effectively, you need a lawyer who understands the intricacies of commercial trucking insurance. Your attorney will interpret the policy details, identify all available coverage, and ensure that insurance companies don’t shortchange you.

6. ELD Data Isn’t Easy to Get

Trucks are equipped with Electronic Logging Devices (ELDs) that record critical information such as speed, braking patterns, and how long the driver has been on duty. This data can be essential in proving whether the trucker was driving unsafely or violating hours-of-service regulations.

However, trucking companies may not willingly share this data, which can be overwritten or lost if not secured in time.

How to Access ELD Data

Your attorney can file legal motions to secure ELD data quickly before it is overwritten. Once obtained, they will analyze this information to determine whether driver error, fatigue, or other violations occurred, bolstering your case with hard evidence.

 7. Jurisdiction Can Complicate Truck Cases

Truck accidents often involve out-of-state trucking companies or drivers, meaning both state and federal laws could apply to your case. This can complicate where and how your claim is processed, especially when multiple jurisdictions are involved.

Choosing the Right Legal Venue

An experienced attorney will be able to determine the best jurisdiction for filing your claim. Whether it falls under state or federal law, choosing the correct venue ensures that your case complies with all legal requirements and proceeds smoothly.

8. Strict Statutes of Limitations Apply

Truck accident victims must file their claims within a specific timeframe, known as the statute of limitations. If your case involves government entities, such as issues with road maintenance, the deadlines may be even shorter. Missing these deadlines could mean forfeiting your right to compensation entirely.

How to Avoid Missing Key Deadlines

A truck accident lawyer can help you understand the statutes of limitations that apply to your case and ensure all necessary filings are completed on time. This preserves your right to pursue compensation.

 9. Psychological Injuries Are Often Overlooked

In the aftermath of a serious truck accident, the focus is often on physical injuries. However, many victims suffer from psychological trauma, such as PTSD, anxiety, and depression. These injuries can be just as debilitating but are often overlooked in legal claims.

Including PTSD in Your Truck Claim

It’s important to seek mental health evaluations after the accident and document any psychological injuries you experience. An attorney can help you include these damages in your claim, ensuring you receive compensation for emotional suffering and physical injuries.

10. Subrogation Can Eat into Settlements

When your health insurance covers your medical expenses after a truck accident, they may later seek to recoup those costs from your settlement. This is known as subrogation, which can significantly reduce the compensation you receive.

How to Minimize Subrogation

An experienced attorney will negotiate with health insurers to reduce subrogation claims, allowing you to keep more of your settlement. Understanding subrogation laws is key to ensuring you don’t lose out on the compensation you deserve.

How to Help Your Truck Accident Case

Being involved in a truck accident is an overwhelming experience, but understanding the challenges and how to overcome them can make a huge difference.

Here are some immediate steps you should take:

  • Act Fast: Time is of the essence. Evidence can disappear, and legal deadlines can approach quickly. Get legal help right away to protect your rights.
  • Choose Experienced Legal Counsel: Truck accidents are different from car accidents. You need an attorney who knows the trucking industry and the legal strategies necessary for these complex cases.
  • Document Everything: Keep detailed records of all medical treatments, expenses, and the accident’s impact on your life.
  • Protect Your Communications: Avoid discussing the accident with trucking company representatives or insurers without consulting your attorney.

Assert Your Rights After a Truck Accident – Call OTAH

From lost evidence and identifying liable parties to navigating intricate trucking regulations and dealing with powerful rapid response teams, every aspect of a truck accident in Ohio requires a strategic approach. The stakes are high, and without the proper legal representation, you risk missing out on the compensation you deserve.

At Ohio Truck Accident Help, we focus on overcoming these challenges and maximizing compensation for truck accident victims across Ohio. Our experienced legal team knows how to preserve crucial evidence, hold all responsible parties accountable, and navigate complicated insurance policies and regulations. We understand the importance of acting quickly, securing key data, and building a strong case to maximize compensation.

Hurt by a Truck in Ohio? Get a Free Consult

If you or a loved one has been injured in a truck accident, don’t wait to act. Contact OTAH today for a free consultation. We are committed to fighting for your rights and ensuring you get the justice and compensation needed to move forward. Truck accidents may be different, but so is Ohio Truck Accident Help.