Dealing With Car Accidents Involving Commercial Vehicles

The commercial freight industry continues to boom in the United States, where we depend on the goods and services transported between states and countries by large commercial trucks. Unfortunately, these same vehicles that form a critical link in the country’s supply chain also dangerously outweigh standard passenger cars by as much as 76,000 pounds when fully loaded. Motorists in other vehicles involved in accidents with commercial trucks are far more likely to be injured in the accident than the truck driver at 17% vs. 19%. With today’s increase in commercial shipping, truck accident deaths have increased by a stunning 49% in the last decade.

What Is a Commercial Vehicle?

The Federal Motor Carrier Safety Administration (FMCSA) describes a commercial vehicle as the following: “Any motor vehicle used on a highway in interstate commerce to transport property or passengers…” It goes on to further define a commercial vehicle as one with the following characteristics:

• A vehicle weighing 10,001 or more pounds
• A vehicle designed to transport 8 or more paying passengers or 15 or more non-paying passengers
• Any vehicle transporting hazardous material

Common commercial vehicles in Missouri and elsewhere include semi-trailer trucks, box trucks, garbage trucks, package delivery vehicles, dump trucks, car haulers, cement trucks, tour buses, city buses, and school buses.

What Are the Common Causes of Car vs. Commercial Vehicle Accidents?

Many commercial trucks have poor visibility. For instance, semi-tractor-trailer trucks have extended blind spots and garbage truck drivers rely on the worker on the back of the truck for directions when reversing. Large commercial trucks and buses require long stopping distances, take wide turns, and are difficult to maneuver. Finally, commercial truck drivers spend long hours on the road and deal with fatigue and distraction. Common causes of car accidents involving commercial vehicles include the following:

• Distracted driving
• Unsafe lane changes
• Tailgating
• Drowsy driving
• Improper merging
• Failure to yield the right of way in an intersection
• Speeding
• Left turn accidents
• Tire blowouts
• Unbalanced loads
• Defective truck parts or equipment

Commercial vehicle company owners and drivers must carefully follow all regulations imposed by the FMCSA, including detailed documentation of maintenance and repair records and honest, meticulous driving logs.

What Types of Accidents Involve Commercial Trucks in Missouri?

Commercial truck accidents happen in a variety of road types, terrains, and traffic situations. Common types of accidents between cars and commercial trucks include the following:

• Rear-end collisions
• Sideswipes
• T-bone accidents (angle collisions or broadside accidents)
• Head-on collisions
• Forced roadway departures
• Jackknife truck accidents
• Rollovers
• Chain reaction accidents involving multiple vehicles
• Truck underride accidents
• Truck override accidents

All truck accidents have the potential to cause serious, catastrophic, or fatal injuries, but truck underride accidents which happen when a smaller vehicle lodges under a truck’s trailer, and override accidents, where the force of the collision causes the truck to roll on top of a smaller vehicle, are particularly deadly.

What to Do After a Car Accident With a Commercial Truck?

Dealing with an accident between your car and a large commercial truck is a terrifying experience that then continues causing distress as you manage the aftermath of the accident, painful injuries, and insurance claims. Protecting yourself physically and financially often begins at the accident scene, particularly if you are able to use your phone without causing further injury. You can also ask an uninjured person to use a phone for you to do the following:

• First, call 911 to report your accident and request emergency services
• Give reasonable aid and comfort to any other injury victims if you can move safely
• Then, use your phone’s camera to take photos of the accident scene, including all damaged vehicles, the truck’s ID numbers, and anything relevant to the cause of the accident
• Take photos of any visible injuries
• Add the contact information of the truck driver
• Add the contact information of any eyewitnesses to the accident
• Briefly record what you remember about the accident while it’s fresh in your mind

Always go directly to a hospital from the accident scene, even if you feel your injuries are only minor. Some injuries do not present symptoms until later, including critical brain injuries and internal organ damage as well as whiplash and other neck or back injuries. Then, reach out to an accident attorney with experience navigating commercial vehicle accidents.

Determining Liability In Commercial Truck Accidents

Car accident claims involving a commercial truck are difficult in fault-based insurance states like Missouri. Because multiple entities must follow FMSCA regulations and take all reasonable actions to avoid causing an accident, a successful claim to recover damages requires an investigation to determine one or more liable parties—those whose negligence caused or contributed to the accident. Depending on the results of the investigation, any of the following could be liable for the damages to injury victims:

• The truck driver if they are an independent contractor
• The trucking company if the driver is an employee or the company’s negligence caused the accident
• A negligent freight-loading company
• A negligent truck maintenance company
• The manufacturer of a defective part or equipment
• A third-party driver
• A negligent roadway maintenance agency or road planning agency

Recovering full compensation often depends on identifying all liable parties and filing one or more claims against the appropriate insurance policy to recover compensation for damages.

What Can I Recover After an Accident Involving a Commercial Vehicle?

No two accidents are the same and no two compensation claims are alike, but common damages recovered in commercial truck accident claims often include the following:

• Property damage (replacing or repairing a vehicle and damaged personal items)
• Medical expenses
• Future medical costs for further or ongoing injury care
• Income loss
• Diminished future earning capacity
• Compensation for non-economic damages like pain and suffering, scarring, disfigurement, the loss of one of the senses or an organ, traumatic limb loss, or emotional damages like PTSD or loss of enjoyment of life

If a loved one dies in an accident involving a commercial vehicle, a close family member may recover compensation like funeral expenses and compensation for the loss of a provider’s income, benefits, and services in the home.

How Can a Missouri Commercial Truck Accident Lawyer Help?

Truck accident injuries are often severe or catastrophic. Survivors may face a long road to recovery as expenses pile up and entire families face financial hardship. Call the St. Louis truck accident attorneys at The Floyd Law Firm today so we can take prompt action, defend your rights, and develop an assertive strategy to recover the maximum compensation available to you.