3 Ways Big Rig Truck Accidents Are Totally Different Than Car Accidents

Being involved in any motor vehicle accident is a frightening experience that can leave you with serious injuries. However, a collision involving a big rig truck or similar large commercial vehicle may be particularly dramatic.

The aftermath of such an accident can also result in a unique experience. In Massachusetts, you may be eligible to receive compensation for injuries and relevant losses resulting from a big rig crash. Pursuing the compensation for which you’re eligible will involve filing a claim with the insurance of the liable party. This is usually the trucking company, although there are exceptions.

The major differences between regular car wreck cases and large truck accident cases become even more apparent during the claims process. These differences include the following:

Proving Negligence is a Necessity

Massachusetts is a no-fault state. That means it sometimes doesn’t matter whose negligence caused an accident. In Massachusetts, a driver needs to purchase their own personal injury protection (PIP) insurance when registering a vehicle. Their PIP insurance kicks in and compensates them after a wreck. Even if someone else caused the crash, an injured party’s own PIP insurance is responsible for providing compensation.

On the one hand, this means an injured party doesn’t need to prove negligence when filing a claim. This can simplify the process of receiving the compensation for which they’re eligible. Still, they’ll likely need to negotiate with their insurer to arrive at a fair settlement.

It’s possible PIP coverage won’t fully compensate an injured party for their losses after a crash. In this scenario, an injured party may seek additional compensation by filing a claim with the insurance of the negligent party who caused the wreck if their injuries are severe enough to meet a key threshold.

Your injuries likely meet these criteria after a crash involving a big rig truck. While that means you can file a third-party claim or lawsuit, it also means you’ll need to gather evidence of negligence to receive the full amount of compensation you may deserve.

Insurance Companies and Defendants Fight These Cases

It’s not uncommon for insurance adjusters to lowball injured parties when they file car accident claims. Insurance companies are businesses, and their goal is to protect their profits. An insurance adjuster may negotiate with you if you’re seeking more compensation than they’re willing to offer.

However, in cases involving big rig truck crashes, insurance companies and defendants may be particularly inclined to fight back against claimants. This often happens when claimants have severe injuries. Because insurers and defendants know injured parties in these circumstances may be eligible to receive large sums of money, they may defend themselves more aggressively than they otherwise would.

This isn’t meant to discourage you from pursuing the compensation you seek. It’s meant to highlight the potential value of having legal representation in these circumstances. Seeking compensation may be easier when a lawyer who understands insurance company tactics is advocating on your behalf.

Determining Liability May Require an Investigation

Again, the trucking company is often the liable party when big rig crashes resulting from negligence occur. Technically, a driver may have caused a wreck by speeding, driving while distracted, or otherwise being careless. However, because the trucking company is responsible for hiring qualified drivers, the company is liable.

There are instances when other parties may be liable, though. For instance, a truck wreck may have occurred because a piece of equipment failed. Those responsible for designing, manufacturing, or maintaining the equipment might be liable in this case.

Or, perhaps a truck crash actually resulted from another motorist’s negligence. Maybe a careless driver engaged in a maneuver that forced a trucker to drive unsafely. The other driver might be the liable party if so.

Determining who’s liable after a big rig truck crash may require conducting an investigation. This is a task a lawyer can handle on your behalf.

The Value of Legal Counsel After a Massachusetts Truck Wreck

Once more, the injuries you may sustain as a result of a truck wreck can be very serious. Recovering from them may be a lengthy process involving numerous treatments, physical therapy, and more.

You shouldn’t overburden yourself by pursuing compensation alone. Luckily, you don’t have to. At Swartz & Swartz, P.C., a Boston truck accident attorney is on hand to review your case and offer proper legal assistance. Learn more about how we can help by contacting us online or calling us at (617) 742-1900 to schedule your free case review today.

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