Operating a moving truck can be intimidating and requires more skill than operating a standard car or truck. Here’s what you should know if you are involved in a moving truck accident.
Understanding Moving Truck Liability
A moving truck accident involves a collision between a moving truck and another vehicle or object. These accidents can result from rear-end collisions, improper lane changes, blind spot issues, and a host of other causes.
Unlike regular cars, a moving truck’s larger size and weight greatly affect braking distance and how well you can maneuver the vehicle. Moving trucks are also usually owned by a company that might be heavily insured. It is important to establish fault and liability to support any insurance claims and secure compensation for damages and injuries, especially in these cases.
Common Causes of Moving Truck Accidents
In 2022, the Alabama Department of Transportation (ADOT) reported these data related to truck crashes:
- 1,027 crashes from failing to yield
- 447 crashes due to defective equipment
- 224 crashes from driving too fast for road conditions
Here’s a bit more detail on the most common types of accidents:
- Driver negligence – distracted driving, speeding, failing to yield, and lack of experience handling large vehicles
- Improper loading – overloading or incorrectly distributed weight can increase rollover risk
- Mechanical/Maintenance issues – poorly maintained trucks can result in brake failure, tire blowouts, and other mechanical problems
- Road conditions – weather (e.g., rain, snow, etc.), road construction, uneven surfaces, and other external factors
Determining Liability in Moving Truck Crashes
Who is liable is determined by one or more of these three factors:
- Driver Compliance: Drivers must follow traffic laws and safe vehicle operation rules.
- Rental Company Responsibility: Proper vehicle maintenance, regular safety checks, and accurate and up-to-date documentation must be kept on all vehicles.
- Third-Party Involvement: Vehicle manufacturers, other drivers, and cargo loaders could be at fault in some cases.
After an accident, gather evidence to build a strong case. Seek medical attention first, then collect photos and witness reports, and contact an attorney for legal guidance.
Navigating Moving Truck Insurance and Claims
Here is a brief guide to follow in case you or a loved one is involved in a moving truck accident:
- Be aware of insurance options and coverage. Before renting, understand the coverage options, including liability, medical, cargo protection, towing, and damage waivers. Insurance coverage varies by company. These are some common options:
- File a claim. Promptly report the accident to the rental company and follow their specific claim procedure. Be sure to provide a detailed account of the accident and evidence.
- Avoid these common pitfalls in reporting claims.
- Delays in reporting the accident
- Incomplete documentation
- Liability disputes with the insurance company
- Seek legal assistance. Consult a personal injury attorney to help smooth out the claims process. An attorney can negotiate with insurance companies on your behalf and ensure you receive fair payment.
In moving truck accidents, knowing who is liable and properly documenting details can be the difference between winning and losing your case. If you are involved in an accident, seek legal counsel. Turn to Timberlake, League & Brooks for expert guidance and securing your rightful compensation.
