Truck accidents have some unique factors that already set them apart from car accidents. When cross-border truck crashes happen, especially if they were transporting hazardous materials that brought additional harm, they add even greater complexity to an already complicated legal matter.
From differing jurisdictions to variances in state and even international laws in some cases, these obstacles can make trying to seek justice for your truck accident feel like even more of an ordeal.
The Role of Jurisdiction in a Truck Accident Case
Where you were driving at the time of your truck accident can affect your case from the start. In cross-border truck crashes, consideration must be given to jurisdiction in terms of knowing where you should file your lawsuit.
Perhaps you just crossed over the border into a neighboring state, or were on your way to Mexico or Canada, crossing an international border. Even if your truck accident happened in your home state, if the truck driver was from out of state, the trucking company that employs them could try to argue that this should be dealt with in their own state’s court.
Tactics like these should set off alarm bells, as they can make it more difficult for you to pursue the compensation you deserve. Regardless of borders, having legal representation is key in these types of legal matters. An attorney can help ensure that your case is dealt with in your own state’s courts and work to have the right laws applied.
How Conflicting Laws Can Further Muddle Your Truck Accident Lawsuit
Speaking of laws, the trucking industry is heavily regulated, both by federal and individual state laws. The Federal Motor Carrier Safety Administration (FMCSA) sets rules for hours of service, inspections, drug and alcohol testing, insurance requirements, and much more.
Truckers who cross borders into other states or even leave the U.S. behind and cross international borders then have the laws of multiple jurisdictions to contend with, making things far more challenging in terms of proving negligence.
If the truck driver operates in a neighboring state, the litigation team supporting him, the trucking company, and all potentially liable parties may argue about these laws. They may claim that their traffic laws are different or that they don’t have the same inspection requirements as your home state.
This could pave the way for them to claim that they were in compliance with their own state’s laws. It’s just another tactic to get you to give up on holding them liable so that they don’t have to pay for your injuries and other damages they’ve caused.
The Challenges of Seeking Compensation in Truck Accidents vs Car Accidents
No matter where truck accidents occur on the road, they are far more complex than car accidents. Here is a look at the different factors that make them a greater challenge:
Size and Weight
Semi-trucks, 18-wheelers, big rigs, and other large trucks already outsize all other vehicles on the road. They also significantly outweigh them, and when they crash, they exert much more force than passenger vehicles. Due to this vast discrepancy in size and weight, even a low-speed truck accident can cause serious injuries to victims. These injuries are usually extensive and costly to treat, requiring the need for a larger sum of compensation.
More Laws
As mentioned, the FMCSA has laws in place to regulate trucking on the federal level as a measure of prevention of accidents and keeping roads safe. In car accidents, drivers of passenger vehicles are merely required to abide by traffic laws. However, in truck accidents, it’s not just the traffic laws that need to be examined. The rules from the FMCSA and state trucking laws must also be part of the bigger picture in determining negligence and liability.
More Liable Parties
In car accidents, there are usually just two parties involved. Even in multi-vehicle pileups, there are fewer complications than in a truck accident. When you’re in a truck accident, it may not just be the fault of the truck driver who was behind the wheel. The trucking company, cargo loaders, truck manufacturer, parts manufacturer, and vehicle maintenance team may all bear liability as well.
Larger Insurance Policies
When you’re in a car crash with another driver of a passenger vehicle, you have similar types of insurance. Due to the risks involved with trucking, the insurance policies are much larger and more complicated. While you might be able to handle negotiating with a car insurance company over a minor claim, trying to take that action with a truck insurance company is difficult for injured victims.
Additionally, trucking companies will also have a team of litigators who will handle any claims made against them. If you were hurt in a trucking accident, it is in your best interest to have a lawyer who understands the trucking industry to stand up for you.
Differences in Evidence
Proving that another party is liable for your injuries and damages in a motor vehicle accident requires submitting evidence. In a car accident, you may have some photos and videos you took from your phone. You may also have a few witnesses who can share what they saw and corroborate your details.
In a truck accident, other types of evidence must be examined. Large trucks are equipped with black boxes that hold data that can support your case. Truckers are also required to use electronic logging devices (ELDs) to log their hours and for other tasks. They have GPS and other reporting features, and all of this must be carefully dissected to find the truth.
Some victims in car accident cases may be able to get the traffic camera footage from the intersection or surveillance footage from nearby businesses. While some drivers have dash cams, others have no recording of the moments before, during, and after the accident.
Even with more of this evidence in a truck accident, it requires retaining industry professionals from truck experts to accident reconstructionists to create a thorough report detailing how the crash occurred and who is responsible.
Severity of Injuries
The injuries experienced in a truck accident compared to a car accident will usually be more devastating. With this in mind, the level of compensation a truck accident victim may receive will be much higher to factor in the past and future medical bills, lost wages, property damage, pain and suffering, and loss of enjoyment of life.
Other Concerns for Cross-Border Truck Crash Cases
The waters are already murky in a truck accident, though when your lawsuit involves cross-border issues, it gets tricky. All trucking companies are required to have the evidence discussed above, including ELD records, maintenance records on the truck, the black box, and more. The challenge isn’t that it doesn’t exist – it’s trying to get them to hand it over.
Out-of-state or international trucking companies may be uncooperative, or they may try to claim they don’t have these records. An attorney will know how to subpoena evidence from other jurisdictions to help you fight for your compensation.
Additionally, if any of the liable parties are from another country, there are different legal procedures involved when it comes to serving the official complaint. There may be international treaties governing this process, though truck accident lawyers will know how to take the next steps by contacting the central authority for the other country’s government.
How to Protect Your Legal Rights When You’re in a Cross-Border Truck Wreck
If you are involved in a trucking accident that is outside of your home state, across the border in Mexico or Canada, or the driver and their employer operate in a different state, the things you do following this event are critical. You need to protect your rights by taking the right steps, which will make this process go a bit more smoothly.
Call 911 Immediately
In any type of accident, calling the police to the scene is an essential step, especially when there is significant property damage, injury, or the accident has caused fatalities. Even when a truck is not going fast, it can still exert enough force to destroy your vehicle and leave you with severe injuries.
For these reasons, you should not hesitate to dial 911 and have officers respond. If you are stuck in your vehicle or you can’t move, let them know to send emergency responders to the scene. When the police arrive, they will document the wreck with a police report, which will also be a vital part of your documentation.
Get Immediate Medical Treatment
Truck accident injuries tend to be far worse than injuries that occur in most car accidents. Depending on the type and severity of the injury, you may have lifelong complications from the crash. The majority of truck accident victims will need an ambulance to take them to the hospital. However, even if you don’t think you have life-threatening injuries, don’t make the false assumption that you are fine.
You don’t need to have blood pouring out, and quite often, the worst injuries will have no outward signs. Since trucks weigh as much as 80,000 pounds, it is common for victims to sustain internal organ damage, internal bleeding, and traumatic brain injuries. These must be treated promptly or they could worsen.
Delaying treatment may be seen as a way out for the insurers, too, as they will argue that if you were truly injured, you wouldn’t have waited to get medical care. With prompt treatment, you’ll have medical records detailing your injuries and linking them to this truck accident.
Document and Gather Evidence
Evidence is one of the most vital factors in any personal injury case, especially when it comes to truck accidents. Cross-border or not, everything you can do to document what happened can strengthen your claim.
One of the challenges that arises in these situations is that, with the severity of truck accidents, it may not always be possible to get this evidence. You may have broken bones and be unable to move, or you may have been rendered unconscious.
When you are unable to take photos or videos, speak to witnesses, or document the scene in any way, you should contact a personal injury attorney once you are stabilized at the hospital. The sooner you do, the sooner they can track down the evidence needed to support your case.
Choose a Truck Accident Attorney with Cross-Border Law Experience
When a truck accident causes you or a loved one to suffer extreme harm, it is a complicated endeavor. These complications only worsen when state or international borders are a factor in your case. Your injuries will likely be painful, and the emotional anguish of being suddenly rendered this way can take its toll, not to mention all the stress from the financial burdens of these added bills.
Make sure you look for an attorney who not only represents truck accident victims but also knows how to navigate all laws related to the trucking industry on the federal, state, and cross-border levels.
What Will an Attorney Do to Help with Your Cross-Border Truck Crash Case?
When you have the legal support of a lawyer, they will collect and preserve relevant evidence. Even if you were able to get photos or videos of the aftermath, there is other evidence such as black box data, maintenance records, and driver logs that can help reveal the depth of negligence at hand.
While the truck driver may be the one behind the wheel, they likely aren’t the only one responsible for causing the accident. Your attorney will use this evidence to pinpoint who failed in their duty of care and hold them accountable.
Additionally, the laws will be examined to determine violations. Your full extent of damages will also be calculated to ensure your lawsuit seeks the fair amount required to make your life as whole again as possible, as per personal injury law.