Key Differences Between Truck and Car Accident Claims in Alberta: Why Truck Accidents Result in More Severe Injuries and Damages
Trucking firms usually carry insurance that exceeds that of passenger cars. The main reason for this is the damage and injuries that can result from an extremely heavy commercial truck striking a passenger vehicle is catastrophic.
Commercial trucks are extremely heavy. This weight means that the force resulting from a semi- truck striking anything is significant. The force of one vehicle hitting another is directly related to the weight of the vehicle involved.
The weight of commercial vehicles is further increased by adding trailers loaded with goods or equipment to the already very heavy transport vehicle. Human beings are fragile and it does not take much force to cause significant and sometimes irreparable damage to a person.
The force applied to a person in a motor vehicle crash, and in a commercial trucking accident especially, is so great that it can be hard to comprehend. As a result, the injuries from these types of collisions are often extensive and life-altering.
Navigating Insurance and Higher Liability Coverage
Commercial trucking cases are complex. There are many aspects of the case that must be addressed and managed, including dealing with the insurance companies, who often specialize in providing commercial liability insurance. Often, the number of vehicles involved in a commercial crash are higher and the complexity of the case increases. The number of parties involved makes these cases difficult to navigate for almost anyone besides seasoned litigators like the team at our firm, Preszler Injury Lawyers.
Given the complexity of a commercial claim, the insurance company will reach out to the parties involved and try to negotiate and offer them a low payout to decrease the complexity of the case and to limit the total amount they are required to pay.
It is important that an injured party has competent legal counsel on their team to ensure that they receive the appropriate amount of damages that will provide for them for the rest of their lives.
The Role of Trucking Regulations and Industry Standards
The trucking industry is governed by rules that, if broken, lead to crashes and injuries. Some of the government rules come from the federal government, while others were enacted by the Alberta government. Other rules come from our common law.
Commercial trucks must abide by the provincial Traffic Safety Act and the basic “rules of the road” that apply to all drivers. The provincial government has made these rules for Alberta so that people know what to expect and how to act when they are owning and driving motor vehicles.
In addition, commercial trucks must also abide by Alberta’s Commercial Vehicle Safety Regulation. In addition, the drivers of these trucks must have class 1 or class 3 licences, which require knowledge and training different than that needed to drive a car.
Transport Canada also has standards that must be followed by commercial carriers. Canada’s Motor Vehicle Transport Act addresses many standards that must be followed while operating a commercial truck in Alberta.
Along with the web of laws, rules and regulations that truck drivers and truck-driving companies must follow, there are also industry standards that come from experience in trucking. The standard in law that we consider is whether a “reasonable person” (or reasonable truck driver) would have done what the defendant truck driver and his company did under the circumstances of a given crash. This reasonableness is considered together with the laws and regulations of the government.
Unique Evidence: Driver Logs, Maintenance Records, and Black Box Data
Commercial trucking cases have complex evidence that is rarely seen or used in other motor vehicle crashes involving regular family vehicles.
Drivers are required to maintain logs to comply with the rules and regulations relating to the amount of time a truck driver spends on the road. This is because driver fatigue is the top contributing factor in crashes. Nowadays, there are often electronic monitoring devices that records a driver’s time on the road. Data from such devices should be examined by your personal injury lawyer.
Commercial vehicles must be inspected once per year by a certified mechanic. If retained, your personal injury lawyer at Preszler Injury Lawyers can examine these records to determine if the truck involved in the crash was properly serviced and equipped.
Just like airplanes, the majority of trucks now have black boxes that monitor and record the moments before and after a crash. This data is invaluable to determining how the truck was driving, the speed and direction it was heading in, when brakes were applied, and turns that it made. We can obtain that data and use it to help determine the culprit in the crash.
Working with a Lawyer Experienced in Commercial Vehicle Litigation
It is important to consider that because of the complexity of commercial vehicle law and the issues surrounding crashes in that industry, your best ally in getting a proper settlement in your truck accident injury claim is your lawyer from Preszler Injury Lawyers.
Our firm, Preszler Injury Lawyers, has the years of knowledge, experience, and resources needed to deal with trucking companies and their insurers. We are ready to fight for you to get your best settlement or award from your case with them.
Call us at 1-888-494-7191 to book a free initial consultation with one of our trucking accident lawyers today. If you decide to retain us as your legal counsel, we work on a contingency-fee basis, meaning all our services are free to you unless we secure you compensation.
