Every year, thousands of people in Illinois, Indiana, and Wisconsin suffer injuries on the road. Whether the crash involved a passenger car or a large commercial truck, the aftermath brings its own challenges. According to a 2022 report from the Illinois Department of Transportation, large trucks were involved in less than 5% of all state crashes, but they accounted for over 11% of fatal accidents.
The nature of truck accidents differs greatly from car accidents — from the injuries and circumstances to the liable party(s) and claims process.
If you or someone you know has been involved in a truck accident, knowing how legal claims differ is a key step in moving forward. At Midwest Injury Lawyers, we’ve worked with hundreds of victims of both trucking accidents and traditional car accidents across Illinois, Indiana, and Wisconsin. In this post, we’ll explain how these differences affect your claim as a personal injury victim.
Truck vs Car Accidents: The Key Differences
Vehicle Size and Impact Severity
The most noticeable difference between truck and car accidents is size and weight.
Semi-trucks can weigh up to 80,000 pounds (40 tons) when fully loaded. On the other hand, the average passenger car weighs around 2,000 to 4,000 pounds. This size gap makes truck accidents far more likely to cause traumatic injuries and major property damage.
The physics are simple: greater weight leads to more force at impact, which often means more severe injuries for those in smaller vehicles.
Frequency and Types of Injuries
The types of injuries are similar in both car accidents and trucking accidents. However, due to their size and weight, trucks often cause serious injuries – or fatalities –in a crash than a typical car accident.
Truck accident victims may suffer severe spinal cord damage, traumatic brain injuries, and other life-changing conditions. Even non-fatal truck accidents lead to lengthy hospital stays and heavy medical bills.
Common Causes Unique to Truck Vs Car Accidents
While all drivers face common dangers such as distracted driving or speeding, the causes behind truck and car accidents often differ. Truck accidents are frequently linked to:
- Driver fatigue, due to federal hours-of-service rules that still allow long shifts
- Poorly secured or shifting cargo
- Complicated braking systems (longer stopping distances)
- Equipment failures or improper truck maintenance
Car accidents are more often caused by factors like:
- Impaired driving
- Running red lights
- Distracted driving (such as texting)
Now, there are plenty of over laps between the causes of truck vs car accidents. But understanding these patterns can help victims identify liable parties and build a stronger claim.
Who Is Liable in Each Accident Type?
Potential Liable Parties in Trucking Accidents
Trucking accidents are usually much more complex than regular car accidents. This is because multiple parties may be involved in causing or contributing to the incident – rather than just the at-fault driver.
Here’s a breakdown of potential liable parties in trucking accidents:
The Truck Driver
The most obvious party responsible for a truck crash is the person behind the wheel. Driver negligence, which may include speeding, distracted driving, driving under the influence, and, failing to follow traffic laws, are common causes of trucking accidents.
Another issue we’ve seen involves truck driver error in which the legal hours of operation are exceeded. According to the Federal Motor Carrier Safety Administration (FMSCA), the driver (and the trucking industry) must abide by these rules:
Hours of Service (HOS)
- 11-Hour Limit – Max 11 hours driving after 10 hours off.
- 14-Hour Limit – No driving after 14 hours on duty.
- 30-Minute Break – Required after 8 hours of driving.
- 60/70-Hour Weekly Limit – Max 60/70 hours over 7/8 days.
- Sleeper Berth Split – Split 10-hour break into 7/3 or 8/2 hours.
Drug & Alcohol Testing
- Pre-employment, random, post-accident, suspicion-based, and return-to-duty testing required.
Medical Certification
- DOT medical exam required; valid up to 2 years.
CDL Licensing
- CDL required for large vehicles, passengers, or hazardous materials.
- Endorsements and disqualification rules apply.
Vehicle Inspections
- Daily inspections required.
- Companies must keep maintenance records.
- Unsafe vehicles/drivers can be taken off the road.
Electronic Logging Devices (ELD)
- ELDs required to track hours of service digitally.
If the driver is found at fault for the truck crash due to careless behavior or violating the federal rules, they may be held liable for the damages.
The Trucking Company (Employer)
Trucking companies may be held responsible – or partially responsible – for accidents that occur when their drivers are on the job.
Under vicarious liability, an employer may be held accountable for the actions of their drivers if the driver was working within the scope of their employment. This could include failure to properly train drivers, enforcing unrealistic delivery schedules that encourage unsafe driving, or not making sure the truck is properly maintained.
Truck Manufacturer (Defective Parts or Design)
In some cases, trucking accidents can be due to a mechanical failure.
Issues such as brake failures, tire blowouts, or engine malfunctions could be the result of a manufacturing defect. If the accident was caused by a defective part or a design flaw, the truck manufacturer may be held liable for the accident.
Third-Party Maintenance Providers
Maintenance providers, which may include mechanics or auto repair shops, may be liable if the big rig accident was caused by negligent maintenance.
Trucks are required to undergo regular servicing to make sure they are roadworthy, and if a maintenance provider fails to properly inspect or repair key components, such as brakes or tires, they may be held partially or fully responsible for any resulting accidents.
Cargo Loaders or Shippers
The FMCSA has strict cargo securement rules trucking companies must abide by. These rules exist to make sure there is equal weight distribution to prevent rollover, jackknifes, or loss of control. If the accident was caused by improperly loaded or secured cargo, the cargo loader or shipper could be found potentially liable following an investigation.
Government Entities (Road Conditions and Infrastructure)
Government agencies are responsible for maintaining roads, such as local, state, or federal departments of transportation. If a trucking accident occurred due to neglected road conditions, the governing agency may be liable. This commonly includes unfilled potholes, inadequate signage, lack of proper lighting, or faulty road construction.
Potential Liable Parties in Car Accidents
In most car accidents, the parties responsible are the drivers involved. However, liability can extend beyond the drivers in certain cases, depending on the cause of the accident. Here are some common parties that are held liable in car accidents:
The Drivers
As mentioned, the most common party responsible for car accidents is the driver. This may involve negligence such as speeding, distracted driving, running red lights, or failing to yield. If a driver is found to be at fault due to reckless or careless behavior, they may be held liable for damages.
Vehicle Manufacturers (Mechanical Defects)
Just like in large truck accident cases, mechanical defects such as brake failure, tire blowouts, or faulty steering may place liability on the manufacturer. If the car accident investigation concludes that defective parts factored into the accident, they may be held responsible (or partly responsible) for damages.
Government Entities (Poor Road Conditions)
Similar to trucking accidents, poor road conditions such as potholes, faulty signage, or improper lighting can be the culprit. If the roadways were poorly maintained or if proper safety measures were not in place, local, state, or federal government agencies could share a portion of the blame.
Differences in Insurance Requirements
Illinois, Indiana, and Wisconsin require trucking companies to carry significantly more insurance coverage than everyday drivers. Federal regulations generally require commercial trucks to have at least $750,000 in liability coverage (many carry $1 million or more).
On the other hand, most owners of passenger vehicles only need to carry the state minimum, which can be much lower, ranging from $25,000 to $50,000 for bodily injury in these states.
This impacts both the settlement process and the strategies used by insurance adjusters.
Truck vs Car Accident: The Claim Process Compared
When it comes to filing a claim after a truck accident versus a car accident, the process can be significantly more complicated in the case of a truck accident.
While both types of accidents require similar initial steps, such as documenting the scene, contacting authorities, and seeking medical attention, there are key differences that make the truck accident claim process more involved. Here’s a comparison of how the claim process differs for truck and car accidents:
Insurance Companies and Coverage
Truck Accidents
In a truck accident, the claim process usually involves more than one insurance company.
Victims commonly need to deal with the truck driver’s insurance AND the trucking company’s commercial insurance. As trucking companies generally have much larger insurance policies than typical car owners, there are many more layers to the process – specifically with negotiations. Additionally, because of the size and weight of trucks, the damages involved are usually more substantial, leading to a more detailed claims process.
Car Accidents
A car accident injury victim’s claim typically goes through the insurance of the at-fault driver or other vehicles involved. This process (compared to truck accidents) tends to be more straightforward if there’s clear evidence of fault. Most car accident claims are handled through personal auto insurance policies.
Regulations and Compliance
Truck Accidents
As discussed, trucking companies are subject to strict federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA).
These rules govern how truck drivers operate their vehicles, including driving hours, vehicle maintenance, training, and cargo load limits. When filing a truck accident claim, compliance with these regulations can be a major factor in determining fault. The investigation process could involve determining if the trucker and trucking company followed these safety standards.
Car Accidents
Car accidents are usually managed by state traffic laws and regulations. While there are common rules to follow (e.g., speed limits, right-of-way laws), there are fewer industry-specific regulations to consider compared to trucking accidents.
Investigation and Evidence Collection
Truck Accidents
The investigation process in a truck accident is significantly more complex – and may involve multiple layers of evidence. In addition to the usual photos, police reports, and witness statements, truck accident claims usually require:
- The truck driver’s logs
- The truck maintenance records
- Training documentation
- GPS data
Accident reconstruction experts may also be needed to determine the exact cause of the crash, especially if the truck was overloaded or if there were issues with vehicle maintenance.
Car Accidents
In a car accident, the investigation typically focuses on factors like:
- Driver behavior
- Traffic conditions
- Witness statements
- Action reconstructions
Evidence gathering is usually limited to photos, police reports, and any available surveillance footage or witness accounts.
Medical Expenses and Damages
Truck Accidents
Given the size and weight of trucks, the recoverable damages in a truck accident claim can be higher than a typical car accident, which can complicate the negotiation and settlement process. Victims often face significant medical expenses, lost wages, PTSD, long-term rehabilitation, and in some cases, permanent disability.
Car Accidents
In a common car accident, damages are usually limited to the driver’s injuries, vehicle repair costs, and possible medical bills. The claim focuses on the direct impact of the accident, which can include hospital visits, physical therapy, lost wages, and pain & suffering.
Settlement Negotiations and Litigation
Car Accidents
Personal injury cases involving motor vehicles may be resolved relatively quickly – usually ranging from a few months to a year or more. These cases can be resolved much faster if the liability of the vehicles involved is clear and the insurance company is cooperative.
Most car accident settlements are reached without the need for lengthy legal battles. According to NOLO, only about 4 percent of injury claims are taken to court.
Truck Accidents
Truck accident claims, due to the involvement of multiple parties, large insurance companies, and government regulations, usually take longer to settle compared to car accidents. Fortunately, like car accidents, most truck accidents are settled outside of court.
However, insurance providers representing trucking companies tend to fight claims more aggressively to minimize payouts, which means negotiation may be more challenging. If you’ve been involved a big rig injury, working with an experienced truck accident attorney is extremely important in earning fair compensation.
Why Consult a Chicago Truck Accident Lawyer?
Complications in Truck Accident Cases
Truck accident claims are rarely straightforward in the eyes of the law.
Proving fault commonly means sorting through multiple parties, understanding state and federal regulations, and facing large insurance companies with high-powered defense teams. Trying to manage a claim without an experienced attorney can make the process of receiving rightful compensation very, very difficult.
A trucking accident injury attorney is well-versed in the government regulations and local laws. They can help you understand your options and the next steps to build a strong claim.
Calculating Damages
Whether it’s a trucking accident or a typical car accident, your settlement claim is based on your injuries and other damages. Attorneys can help you add up all your medical costs, lost wages, and estimates for ongoing care.
Keep in mind, some injuries may not be quantifiable – like emotional anguish, reduced quality of life, and pain & suffering. Truck accident attorneys can help you place a monetary value on your daily struggles due to the accident. Their job is to make sure no stone is left unturned and every single dollar is accounted for in your injury claim.
Dealing with Insurance Companies
As truck accidents commonly result in serious injuries, insurance companies for these firms often have legal teams and strong negotiation tactics to minimize liability.
They use aggressive tactics and may push victims to settle early and for less than they deserve. A qualified lawyer can counter these actions by handling negotiations and making sure all responsible parties are held accountable. If the at-fault party(s) does not offer a fair settlement, your attorney may recommend that you take the case to court.
They will represent you through this process and fight for the compensation you deserve.
The Next Step
Semi-truck accidents are usually more complex, more severe, and involve higher stakes than typical car accidents.
Understanding these differences can help injury victims in Illinois, Indiana, and Wisconsin protect their rights, gather the appropriate evidence, and make wise decisions about their claims. After any serious accident — especially when trucks are involved — seeking advice from a trusted legal expert is the first step in your path to justice.
At Midwest Injury Lawyers, we’ve helped many truck and car accident victims earn rightful settlements with compassionate, aggressive legal support. If you’ve been injured, our team is here for you.
Get in touch today to schedule a FREE consultation with a Chicago truck accident attorney.