Trucking accident lawsuits typically involve plaintiffs seeking large settlements to cover major injuries or wrongful death. They can be quite complicated as different parties and laws may be involved, further prolonging the case. You can receive pre-settlement funding for truck injury cases, but first, your attorney must collect evidence, gather all the facts, and prepare a strong case. We’ll look at a few of the legal challenges that make getting a pre-settlement cash advance all that more important.
Truck Accidents Have Many Causes
Most cars weigh less than 3,000 pounds. Semi-trucks weigh many times that, so they take longer to stop and can inflict extreme damage and bodily harm. Aside from valuing the cost of your injuries and medical care, your personal injury attorney will look at what caused the accident. Common causes of truck accidents include:
- Driver fatigue
- Speeding
- Texting while driving
- Driving while drunk
- Poorly maintained roads
- Inclement weather
- Faulty traffic lights
- Defective parts
- The truck failed a state inspection
While a truck operator’s negligence or recklessness can be a threat, it’s not the only possible cause of truck accidents.
Interstate vs. Intrastate Trucking
Where a commercial truck accident took place has an impact on how the case proceeds. Semi-trucks, 18-wheelers, flatbed trucks, car transport trucks, tractor-trailers, and tanker trucks often cross state lines. Interstate truckers must follow additional legal requirements compared to those engaged in intrastate trucking. Intrastate truckers transport goods and cargo within a single state. Examples include operators of garbage trucks, dump trucks, delivery trucks, storage trucks, tow trucks, cement mixers, and large vehicles operated by local moving and storage companies.
These two types of truckers have different legal classifications. Most people aren’t familiar with these and the liability regulations that pertain to them. This can complicate a lawsuit, so you need a patient and skilled lawyer.
Truck Driver Liability
The licensing requirements for regular drivers are much simpler than for truck drivers. Nonetheless, both must maintain a duty of care and can be held liable for any injuries or damages caused by a collision. Regular drivers usually have independent liability and insurance coverage. But suing a trucker with a commercial driver’s license (CDL) for truck wreck compensation can be more challenging because:
- Most truckers don’t own the vehicles they drive
- Truck drivers are often contracted as employees
- The truck owner is usually the trucker’s employer
Both interstate and intrastate truckers typically drive trucks owned by their employer. As far as insurance, there are few differences regarding liability and personal injury claims. If the trucker is involved in a motor vehicle collision, the truck’s owner is liable rather than the trucker. That’s unless the trucker owns the vehicle they drive and operates independently.
Regarding insurance, the truck’s owner must have the appropriate policy. Intrastate operators must have a valid policy for the state that issued the CDL. However, interstate operators must have more extensive insurance coverage. It must incorporate protections that account for out-of-state motor vehicle accidents.
To purchase liability insurance, truckers must have a U.S. Department of Transportation (USDOT) number, which is required by federal and state law for all interstate truck drivers (and most intrastate truckers). A USDOT number lets the government track commercial trucks, collect data from safety/compliance audits, and obtain information related to crash investigations. It also helps enforce the passing of medical exams and drug tests, plus other criteria for truckers.
A trucker without a USDOT number cannot purchase insurance coverage, which can complicate a personal injury case.
Trucker Liability and Trucking Accident Lawsuits
Truck accidents have a high fatality and major injury rate yet make up only a small percentage of car accidents. Even if a driver survives a head-on collision with a truck, they often have catastrophic injuries and life-long impairments. The cost of medical treatments, plus the cost of future medical expenses and loss of income, can make litigation challenging. Furthermore, when the victim reaches maximum medical improvement, it is often not known for some time.
Defending a truck accident lawsuit can be quite costly. If a victim’s claim is legitimate, a trucking insurance company is often eager to settle out of court. Truck accident victims are often awarded large settlements at trial. Still, the insurance company may offer a large settlement check, but this can take time. A lawyer will prove who was at fault for the accident and fight until you’re fairly compensated,
Get Settlement Funding for Future Truck Wreck Compensation
Filing a trucking accident lawsuit can be costly, time-consuming, and stressful. Accident victims are often financially strained on top of dealing with life-changing injuries or the wrongful death of a loved one. Pre-settlement funding can provide the cash needed now. No matter how long the case takes to settle, you get the funds to cover medical and daily expenses with no upfront fees.
Fund Capital America applies only the merit of your case to approval decisions, not your credit or employment status, while any funds borrowed are paid back out of your future settlement. We can approve you for a non-recourse cash advance within 24 hours of speaking to your attorney. To get started, apply now online or call (855) 870-2274.
