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Truck Accidents vs. Car Accidents: What’s Different About the Case?

  • Writer: Scott Andrews
    Scott Andrews
  • Jan 16
  • 4 min read

Most people assume a wreck is a wreck — you exchange information, call the insurance company, and figure it out. But when a commercial truck is involved, the legal case is often much more complex than a typical car crash. The stakes are higher, the evidence is different, and there may be multiple companies and insurers involved.

If you or a loved one has been hurt in a wreck involving a tractor-trailer, delivery truck, dump truck, or other commercial vehicle in Virginia, here’s what makes a truck accident case different from a car accident case — and why those differences matter.



1) The injuries and damages are often more severe

Trucks are heavier, take longer to stop, and cause more force on impact. That often means:

  • more serious injuries (head/brain injuries, spinal injuries, fractures)

  • longer recovery time

  • higher medical costs and lost wages

  • a greater likelihood of permanent impairment

This matters because insurers fight harder when the claim is larger — and because the documentation needed to prove long-term damages becomes more important.


2) Truck cases often involve multiple responsible parties (not just the driver)

In a typical car accident, you’re usually dealing with two drivers and their insurers. In a truck accident, liability can extend beyond the person behind the wheel.

Depending on what caused the crash, responsible parties can include:

  • the truck driver

  • the trucking company / motor carrier

  • a maintenance provider

  • a broker or logistics company

  • a shipper/loader (improperly loaded cargo)

  • a manufacturer (defective parts like brakes/tires)

That’s a big deal because it can affect:

  • how the crash is investigated

  • how insurance coverage applies

  • who pays (and how much)

  • how negotiations and lawsuits are handled


3) Trucking is governed by federal safety rules, and violations can prove negligence

Commercial trucking is regulated in ways passenger vehicles aren’t. A key example is Hours of Service (HOS) — rules that limit how long drivers can drive and how much rest they must get, aimed at preventing fatigue-related crashes.

In a truck accident case, attorneys often look for regulatory issues like:

  • driver fatigue (HOS violations)

  • improper driver qualification/training

  • poor vehicle maintenance/inspection

  • unsafe driving (speeding, following too closely)

  • overloaded or improperly secured cargo

When these rules are violated, it can strengthen the case by showing the crash wasn’t just “an accident” — it may have been the result of preventable safety failures.


4) The evidence is very different — and it can disappear fast

Car accident cases often rely on:

  • police report

  • photos

  • witness statements

  • vehicle damage

  • medical records

Truck accident cases can include all of that plus trucking-specific evidence, such as:

  • electronic logging device (ELD) data (drive time / rest time)

  • black box/ECM data (speed, braking, throttle, engine events)

  • dashcam footage (truck or third-party)

  • GPS/dispatch records

  • inspection and maintenance logs

  • driver qualification file

  • drug/alcohol testing results (in some circumstances)

  • bills of lading / cargo loading records

Why this matters: some of this evidence can be overwritten, lost, or “routinely deleted” unless steps are taken quickly to preserve it.


5) Insurance is usually bigger — but it’s also more complicated

Truck crashes often involve higher policy limits and layers of coverage. Federal rules set minimum financial responsibility requirements for motor carriers in many situations.

But “more insurance” doesn’t mean “easier claim.” It often means:

  • multiple insurers and adjusters

  • aggressive defense teams

  • disputes about which policy applies

  • finger-pointing between driver, carrier, broker, and shipper

In other words: more money at stake usually leads to more resistance.'


6) Trucking companies often have a “rapid response” playbook

After a serious truck crash, it’s common for trucking companies and insurers to move quickly — sometimes within hours — to:

  • inspect the truck

  • secure their own statements

  • manage evidence and narratives

  • limit what gets shared

That doesn’t mean anything improper is happening, but it does mean the playing field can become uneven fast if the injured person assumes it will be handled like a normal fender-bender.


7) Virginia deadlines still apply — and they matter

Even though truck accident cases are more complex, they still operate under Virginia’s deadlines for filing lawsuits.

In Virginia, personal injury lawsuits are generally subject to a two-year statute of limitations. Wrongful death actions must generally be brought within two years of the date of death (by the appropriate representative).

Deadlines can be complicated by specific facts, but the key point is: don’t wait simply because the trucking company is “reviewing” the claim.


What to do after a truck accident (practical checklist)

If you’re able (or someone can help you), these steps can protect your health and your claim:

  1. Call 911 and get medical attention.

  2. Photograph everything: vehicles, DOT numbers, company name, license plates, skid marks, roadway, and injuries.

  3. Get witness names/numbers if possible.

  4. Don’t give a recorded statement to an insurance adjuster before getting legal guidance.

  5. Follow medical instructions and keep all appointment records.

  6. Write down what you remember while it’s fresh (weather, speed, lane position, what you saw the truck do).

  7. Save paperwork and receipts (med bills, prescriptions, missed work documentation).


Bottom line: truck accident cases aren’t “bigger car accident cases”

They’re different cases — with different rules, different defendants, different evidence, and different defense tactics. That’s why it’s important to treat them differently from day one.

 
 
 

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