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Accident Types · 3 min read

Truck Accident vs Car Accident Claims: What's Different

Last updated Written by Accident Claim Check Editorial TeamAttorney review: pending

A crash with a tractor-trailer is not just a bigger car accident. The size of the truck, the companies behind it and the rules it operates under all change how a claim works. This guide explains the main differences.

Why are truck crashes more serious?

Size and weight. A loaded tractor-trailer can weigh many times more than a passenger car and needs far more distance to stop. When a truck hits a car, the people in the car absorb most of the force. Injuries are often severe: fractures, spinal and head injuries and, tragically, fatalities.

Difference 1: More than one party may be responsible

In a car crash, the other driver is usually the main responsible party. In a truck crash, several companies may share responsibility.

  • The driver — for careless or unsafe driving
  • The trucking company (motor carrier) — for its drivers' actions and its own hiring, training, scheduling and maintenance
  • The shipper or loader — for overloaded or badly secured cargo
  • Maintenance companies — for faulty repairs
  • Manufacturers — for defective brakes, tires or parts
  • Owners of the tractor or trailer — which may be different companies

Each may have its own insurer, and each may blame the others.

Difference 2: Federal safety rules

Many commercial trucks must follow federal safety regulations, in addition to state traffic laws. These rules cover areas such as:

  • How many hours a driver can drive and must rest
  • Drug and alcohol testing
  • Driver qualifications and medical fitness
  • Vehicle inspection and maintenance
  • How cargo must be loaded and secured

A violation does not automatically prove a claim, but it can be powerful evidence of carelessness.

Difference 3: Different evidence

Truck claims rely on evidence that ordinary car claims rarely involve:

  • Electronic logging device (ELD) data showing driving hours
  • Engine control module ("black box") data — speed, braking and throttle
  • Dashcam and telematics footage
  • Maintenance and inspection records
  • Driver qualification files and drug test results
  • Bills of lading and loading records
  • Dispatch records and delivery schedules

Much of this belongs to the trucking company and may not be kept indefinitely. An attorney can send a preservation letter asking the company to keep it.

Difference 4: Larger insurance policies — and tougher defenses

Commercial carriers usually carry much higher liability insurance than ordinary drivers. That can make it possible to cover serious injuries. But trucking insurers often send investigators to the scene quickly, defend claims aggressively and look for ways to shift blame to the car driver.

Difference 5: The claim process takes longer

Truck claims often take longer because of the investigation, the number of parties and the seriousness of injuries. See how long settlements take.

Truck vs car claims at a glance

Car accident claimTruck accident claim
Responsible partiesUsually one or two driversDriver plus carrier, shipper, maintenance or others
Rules involvedState traffic lawsState laws plus federal safety rules for many trucks
Key evidencePolice report, photos, witnessesPlus electronic logs, black-box data, maintenance files
InsurancePersonal auto policiesCommercial policies, often more than one
Typical injuriesWide rangeOften more serious
ComplexityLowerHigher

What should I do after a truck accident?

  1. Call 911 and get medical care.
  2. Photograph the truck, trailer, company name and USDOT number.
  3. Get the driver's name, employer and insurance.
  4. Get witness contact details.
  5. Write down when the trucking company or its insurer first contacted you.
  6. Don't give a recorded statement to the trucking company's insurer before getting advice. Read should I talk to the other driver's insurance?
  7. Talk to an attorney quickly so evidence can be preserved.

Learn more on our truck accident claims page or start a free case review.

FAQ

Questionsabout this topic.

01

Are truck accident claims harder than car accident claims?

They are often more complex, because more parties, rules and insurers are involved. Injuries also tend to be more serious, which raises the stakes.

02

Who can be sued after a truck accident?

Potentially the driver, the trucking company, the cargo shipper or loader, a maintenance company, a parts manufacturer or the owner of the trailer — depending on the facts.

03

What federal rules apply to truck drivers?

Federal rules cover areas like hours of service, drug and alcohol testing, vehicle inspections and cargo securement for many commercial trucks.

04

How quickly should I act after a truck crash?

As soon as you can. Evidence like electronic logs and dashcam footage may not be kept forever.

05

Do truck companies have more insurance?

Commercial carriers generally carry higher liability coverage than ordinary drivers, but they also defend claims aggressively.

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