Most truck accidents cause serious injuries because of the weight of the truck and the resulting force impact. Nonetheless, truck accident cases frequently face several obstacles to successful resolution:
1. Experienced and difficult adjusters. Insurers often use their better and tougher adjusters in truck accidents, and those adjusters can take a hard line during settlement negotiations.
2. Biased witnesses. Witnesses often sympathize with truck drivers.
3. Dishonest trucking personnel. Trucking companies and drivers sometimes falsify or "lose" records that could help your case.
4. Multiple defendants. You likely face several opponents, all of whom are trying to pin the blame on you.
5. Passage of time. Investigation must begin promptly in truck accident cases. You will be at a disadvantage if months have passed between the accident and you retaining an attorney.
Potential areas of liability which should be considered in every truck case are:
1. Excessive speed. Evidence of speeding can include: admissions by driver, physical evidence such as skid marks, damage from the impact, newspaper photos, logs seized by the police officer, and other records.
2. Violation of safety regulations, including ordinary traffic laws and municipal ordinances.
3. Defective equipment. Maintenance and inspection documents, repair bills, and towing records can provide helpful evidence.
4. Visibility. Was the relevant windshield mirror, or signal so dirty that it affected visibility?
5. Inexperience. Was the driver inadequately trained?
6. Overloading. Logs, weigh station checks, bills of lading and shipping instructions can show improper weight.
7. Improper parking. Did the truck park illegally and obstruct the vision of other vehicles?
8. Unsafe turn. Many incidents occur when a truck has straddled lanes and turned without proper signals or warning signs.