The Legal Rights of Truck Accident Victims That Most People Don’t Know About

You know how most truck accident victims leave the scene of a crash with absolutely no idea what they’re entitled to?

That’s a problem.

Because truck accident cases aren’t car accident cases. They don’t follow the same rules. The people who can be held liable aren’t the same. And quite honestly, the amount of compensation victims are entitled to is much, MUCH more than most people realise.

Here’s what every truck accident victim should know…

Table of Contents

1. Why Truck Accident Cases Are Unique
2. Hours of Service Violations — What They Are and Why They Matter
3. Your Rights as a Truck Accident Victim
4. Who Else Can Be Held Liable (You’ll Be Surprised)
5. What To Do Right After a Truck Accident

Why Truck Accident Cases Are Unique

Truck accidents are catastrophic.

5,472 people were killed in crashes involving large trucks in 2023. That was out of 152,542 total people killed that year in ALL motor vehicle accidents. The majority of truck accident victims aren’t even drivers. They’re passengers in cars, pedestrians, and cyclists.

The data doesn’t lie: big trucks kill other people on the road.

But there’s one thing that most victims don’t know.

Trucking companies are regulated by the federal government in a way that the average driver isn’t. There are laws in place designed to protect other road users from negligent or overworked truckers. And when those companies break those laws, victims have powerful legal rights at their disposal.

Hours of Service Violations — What They Are and Why They Matter

If you’ve never heard the term ‘hours of service violations,’ educating yourself on what they are is one of the most important things you can do.

The FMCSA has laws regulating how long truck drivers can operate their vehicle before taking a break. Those laws are referred to as Hours of Service regulations.

Here’s the problem…

Trucking companies are under INCREDIBLE pressure to make their deliveries as quickly as possible. Some drivers feel that pressure and drive beyond their legal limits. When a tired driver causes an accident it’s known as an hours of service violation.

Now you may be wondering, “What does this have to do with me?”

Hours of service violations can be used by lawyers as direct evidence of negligence. The driver broke federal laws and caused the crash. That means both the driver AND the company can be held liable for victims’ damages.

HOWEVER… An hours of service violation lawyer will need to obtain that information. It’s stored in the truck’s electronic logging device, (ELD), and that data can be deleted or overwritten very quickly.

This is precisely why hiring an experienced Virginia truck accident lawyer right away is absolutely critical.

Your Rights as a Truck Accident Victim

Victims assume they can file an insurance claim and that’s the extent of their rights.

That’s not even scratching the surface of what victims are legally entitled to.

Some of the rights every truck accident victim has include:

• The right to seek compensation for medical bills. This includes current and future medical treatment.
• The right to recoup lost wages. Again, current wages and future wages.
• The right to pain and suffering damages. This can account for a significant portion of a settlement.
• The right to obtain evidence. Such as black box data, driver logs, accident reports, and maintenance records.
• The right to sue multiple parties. Truck drivers, their company, the load’s shipper, and even the manufacturer.

Victims have a lot more leverage than they think.

Knowledge is power. The more you know about your rights, the better position you’ll be in to collect compensation from every angle.

Who Else Can Be Held Liable (You’ll Be Surprised)

Okay, so truck drivers can be held liable for their negligence. But who else?

Enter vicarious liability.

The legal term meaning an employer can be liable for its employee’s actions while on the job. But let’s kick this liability party up a notch.

Here are a few other parties that could potentially be held liable in a truck accident:

• Trucking company. If they encourage drivers to violate rest regulations or look the other way on violations.
• Cargo loading company. If improper loading led to the crash.
• Truck manufacturer. A defect in the truck caused the accident. Faulty brakes, for example.
• Maintenance company. If it can be proved the truck wasn’t properly maintained.

153,452 people were injured last year in large truck crashes. 70% of those injured were occupants of cars and other vehicles — not truck drivers. When so many people can be injured by a negligent truck driver, they should be able to seek restitution from every party at fault.

Which is why a lawyer will request every piece of data from the trucking company’s ELD. Was the driver working within allowed hours? Were there any undocumented breaks? Those are questions that need answers.

What To Do Right After a Truck Accident

Timing is everything.

When a major accident happens, trucking companies aren’t sitting on their hands. They have legal teams drafting defense strategies while victims are still processing what happened.

So what can YOU do to protect yourself?

• Call 911 and get medical help. A police report and ambulance report are essential — and injuries that appear later are easier to prove if treatment was sought right away.
• Take pictures. Take video. Document everything.
• Get the truck’s DOT number, plate number, and company name.
• Ask witnesses for their info. Testimony can make or break a case.
• Contact a lawyer before speaking with insurance companies.

DON’T take a quick payout from the trucking company’s insurance provider. Victims are entitled to SO much more than what gets offered. And if that settlement is accepted, there’s no going back to seek further compensation later.

Schedule a free consultation with an hours of service violation lawyer who specializes in truck accident cases. They’ll ensure that black box data and all ELD information is preserved while the case gets underway.

Wrap Up: Hours of Service Violations and Truck Accident Victims

Trucking accidents can change a life in an instant. Not knowing your rights as a victim can impact you far into the future.

Yes, trucking companies are held to a higher standard than the average motorist. But they break those standards all the time. Understanding how those violations can help win a case is vital.

Here are the biggest takeaways every truck accident victim should know:

• Hours of service violations are golden. They prove negligence on behalf of both the driver and trucking company.
• Don’t settle for holding the driver liable. Other parties could be responsible too.
• Big trucking companies will go to war to save money on a case. That evidence needs to be secured NOW.
• Insurance companies love offering quick payouts. Avoid them at all costs.
• Victims are entitled to compensation for more than just current medical bills. Know what the rights are, and claim it all.