Truck Accident Claims: What Makes 18-Wheeler Cases Different

A fully loaded semi truck weighs up to 80,000 pounds. Your car weighs around 4,000 pounds. When they collide, physics determines who gets hurt.

In 2023, 4,807 people died in crashes involving large trucks. Another 74,001 were injured.¹ Here's the part that matters if you're reading this: the vast majority of those killed and injured weren't in the truck. They were in the other vehicle.

If a truck hit you and it wasn't your fault, you're dealing with a different kind of case. More complex. More parties involved. More regulations that might have been violated. But also, typically, more money at stake.

Why Truck Accidents Pay More Than Car Accidents

The average car accident settlement runs somewhere between $20,000 to $25,000. Truck accident settlements? They routinely reach six figures or more. Some Texas cases have settled for $500,000 to over $1 million.²

Why the difference? Several reasons.

Severity of injuries. When 80,000 pounds collides with 4,000 pounds, the injuries are catastrophic. Traumatic brain injuries. Spinal cord damage. Multiple fractures. Internal organ damage. These require extensive medical treatment, often for years or even lifetimes.

Higher insurance limits. Federal law requires trucking companies to carry far more insurance than regular drivers. A standard car might have $50,000 in coverage. A commercial truck hauling general freight must carry at least $750,000. Trucks carrying oil must have $1 million. Hazardous materials? $5 million minimum.³

Multiple liable parties. In a car accident, you typically sue one driver. In a truck accident, you might have claims against the driver, the trucking company, the cargo loading company, the truck manufacturer, the maintenance company, or even the shipper who pressured the driver to meet an impossible deadline.

Punitive damages. When trucking companies knowingly violate safety regulations to increase profits, courts sometimes award punitive damages on top of your actual losses. These are meant to punish the company and deter similar behavior.

The Physics Problem: Why Trucks Can't Stop

At 65 miles per hour, your car needs about 316 feet to stop completely. That's roughly a football field. A fully loaded tractor-trailer at the same speed? It needs 525 feet. That's almost two football fields.⁴

This isn't because truck drivers are worse at braking. It's physics. More weight means more momentum. More momentum means more distance to stop. Truck brakes are also different. They use air brakes, which have a slight lag time before they engage.

What does this mean for your case? If a truck rear-ended you, the driver should have been following at a much greater distance than a car would. If they weren't, they were negligent. Period.

Who Can You Sue After a Truck Accident?

This is where truck cases get complicated. And where having an experienced lawyer matters most.

The truck driver. If the driver was speeding, distracted, fatigued, or impaired, they're personally liable. But individual truck drivers rarely have enough assets to cover serious injuries.

The trucking company. Under a legal doctrine called "vicarious liability," employers are responsible for their employees' actions during work. If the driver was on duty, the trucking company is typically on the hook. Trucking companies also have their own potential liability for negligent hiring, inadequate training, or pressuring drivers to violate safety rules.

The cargo company. If improperly loaded or secured cargo caused the accident, the company that loaded the truck may be liable. Shifting cargo can cause jackknife accidents, rollovers, or cargo spills.

The truck manufacturer. Defective brakes, tires, steering components, or other parts can cause accidents. If a mechanical failure contributed to your crash, the manufacturer may be liable.

The maintenance company. Many trucking companies outsource vehicle maintenance. If poor maintenance caused a brake failure, tire blowout, or other mechanical problem, the maintenance provider shares liability.

The shipper. Companies that pressure drivers to meet impossible delivery schedules contribute to fatigued driving. If a shipper's demands pushed the driver beyond safe limits, they may share responsibility.

Federal Regulations Create Evidence

Here's something most people don't know: commercial trucks are among the most regulated vehicles on the road. The Federal Motor Carrier Safety Administration (FMCSA) sets detailed rules that trucking companies must follow.

These regulations create a paper trail. And that paper trail can prove negligence.

Hours of Service rules. Truck drivers can only drive 11 hours after 10 consecutive hours off duty. They cannot drive beyond 14 hours after coming on duty. They must take a 30-minute break after 8 hours of driving. They cannot drive more than 60-70 hours in a 7-8 day period.⁵

If a driver violated these limits and crashed, that's powerful evidence of negligence.

Electronic Logging Devices (ELDs). Commercial trucks must have electronic devices that automatically record driving time. These devices make it much harder for drivers to falsify their logs. And they create precise records of exactly when the driver was driving, for how long, and at what speeds.

Drug and alcohol testing. Commercial drivers must undergo regular drug and alcohol testing. After an accident, drivers must be tested within certain timeframes. Positive results are devastating for the defense.

Vehicle inspection requirements. Drivers must inspect their vehicles before each trip and document any defects. Trucking companies must maintain detailed maintenance records. Missing or falsified records suggest the company cut corners on safety.

Driver qualification files. Trucking companies must maintain files on each driver including their driving history, medical certifications, and training records. A driver with a history of violations who caused your accident? That's evidence the company was negligent in hiring or retaining them.

Checklist: What To Do After a Truck Accident

The hours and days after a truck accident are critical for your case. Here's what matters:

At the scene (if you're able):

• Call 911 immediately
• Get the truck driver's name, license number, and employer
• Get the truck number and DOT number (displayed on the truck)
• Take photos of everything: damage, skid marks, road conditions, the truck, any cargo, the driver's logbook if visible
• Get contact information from witnesses
• Do not discuss fault with anyone

In the first 24 hours:

• Seek medical attention even if injuries seem minor
• Do not give a recorded statement to any insurance company
• Contact a truck accident attorney before speaking with adjusters
• Request the police report

In the first week:

• Follow all medical advice and keep all appointments
• Start a journal documenting your injuries, pain levels, and limitations
• Preserve all evidence: don't repair your vehicle yet
• Have your attorney send a spoliation letter (this legally requires the trucking company to preserve evidence)

Evidence Disappears Fast

Truck accident cases are time-sensitive in ways that car accident cases aren't.

The truck. After an accident, the trucking company wants to get that truck back on the road generating revenue. Without legal intervention, they may repair or even destroy the vehicle before it can be inspected.

Electronic data. ELD data, engine control module data, and GPS records can be overwritten. Some devices only store a limited amount of data before recording over old information.

Driver logs. Trucking companies are only required to retain driver logs for 6 months.⁶ After that, they can legally destroy them.

Maintenance records. These can disappear quickly, especially if they show the company neglected required repairs.

Witness memories. People forget details. Memories become less reliable over time. Witnesses move away or become harder to locate.

This is why acting quickly matters so much. A lawyer can send a spoliation letter demanding the trucking company preserve all evidence. They can hire accident reconstruction experts to examine the scene before evidence degrades. They can subpoena records before they're legally destroyed.

Common Causes of Truck Accidents

Understanding what caused your accident helps identify who's responsible.

Driver fatigue. Studies show at least 13% of commercial drivers were fatigued at the time of their accidents.⁶ Driving for more than 8 hours doubles the risk of a crash. The trucking industry's demanding schedules and pay-per-mile compensation create pressure to push through exhaustion.

Speeding. Over 7% of fatal truck crashes involve speeding.⁶ A speeding truck needs even more distance to stop. And the force of impact increases dramatically with speed.

Distracted driving. Texting, GPS programming, eating, paperwork. Commercial drivers face the same distractions as everyone else, but the consequences are far worse.

Impaired driving. Despite strict testing requirements, some truck drivers still operate under the influence of alcohol, illegal drugs, or impairing prescription medications.

Improper loading. Overweight trucks are harder to stop and more prone to brake failure. Unevenly loaded cargo can cause rollovers. Unsecured cargo can shift, changing the truck's center of gravity mid-turn.

Inadequate maintenance. Brake failures, tire blowouts, steering problems. The Large Truck Crash Causation Study found that 55% of trucks in crashes had at least one mechanical violation. Thirty percent had conditions serious enough for immediate out-of-service status.⁶

Aggressive driving. Following too closely, unsafe lane changes, failure to yield. When a truck driver makes an aggressive maneuver, other vehicles have little room for error.

Truck vs. Car Accident Claims: Key Differences

Types of Injuries in Truck Crashes

The massive weight difference between trucks and passenger vehicles causes devastating injuries:

Traumatic brain injuries (TBI). Even with seatbelts and airbags, the violent impact can cause the brain to collide with the skull. TBIs range from concussions to permanent cognitive impairment.

Spinal cord injuries. The force of a truck collision can damage vertebrae or the spinal cord itself. Results can range from chronic pain to partial or complete paralysis.

Broken bones. The impact shatters bones. Multiple fractures are common. Some require surgical repair with pins, plates, and screws.

Internal organ damage. The blunt force trauma can damage kidneys, liver, spleen, and other organs. Internal bleeding can be life-threatening.

Burns. Truck accidents more frequently involve fires due to larger fuel tanks and sometimes hazardous cargo.

Wrongful death. When injuries prove fatal, surviving family members may have wrongful death claims for loss of financial support, loss of companionship, and funeral expenses.

Why You Need a Lawyer for Truck Accidents

You could handle a minor car accident yourself. A truck accident? That's different.

Trucking companies have teams of lawyers and investigators. Some deploy response teams within hours of a serious crash. Their job is to protect the company, not compensate you fairly.

Their insurance adjusters are professionals who handle truck claims daily. They know exactly how to minimize payouts. They'll record your statements and use anything you say against you. They'll pressure you to settle quickly before you understand the full extent of your injuries.

An experienced truck accident attorney levels the playing field. They know which evidence to request and how to interpret it. They understand federal trucking regulations and can identify violations. They have relationships with accident reconstruction experts, medical specialists, and economists who can document your losses.

Most truck accident attorneys work on contingency. They don't get paid unless you win. And their fee comes from the settlement or verdict, not your pocket.

Statute of Limitations

You have a limited time to file a lawsuit after a truck accident. Miss the deadline, and you lose your right to sue forever.

The statute of limitations varies by state:

• Most states: 2-3 years
• Some states (Kentucky, Louisiana, Tennessee): 1 year
• A few states: 4-6 years

But don't wait until the deadline approaches. Evidence disappears. Witnesses forget. The trucking company is building its defense from day one.

The best time to contact an attorney? As soon as possible after the accident. Many offer free consultations.

Get Help Now

If a truck hit you and you weren't at fault, you're likely dealing with serious injuries, mounting medical bills, and lost income. The trucking company's insurance adjuster may have already called with a settlement offer.

Don't accept anything without understanding what your case is really worth. Don't give recorded statements. Don't sign releases.

Get a free case evaluation from an experienced truck accident attorney. They can review the facts, explain your options, and help you understand the true value of your claim.