The Importance of Speed in a Truck Accident Case

Speed plays a triple role in truck accident cases. The rate of speed the vehicles were traveling at the time of the collision determines what happens during and after impact, and it can affect the severity of injuries. It can also indicate causation and establish liability.

But the speed of the vehicles before the collision is only one aspect of the equation. The speed of the parties after the accident also determines the outcome of the case. Trucking companies have legal teams ready to jump on the case whenever an accident occurs. They may be on the site within hours, doing everything they can to make it difficult for accident victims to establish liability against the trucking company.

For the best chances of recovery, accident victims need to work with equal speed, even if they are severely injured. Talking to an attorney as soon as possible after a truck accident is one way to stay ahead of the insurance companies and corporate legal teams that will be trying to prevent recovery. A knowledgeable attorney can begin preserving evidence before it disappears. In addition, an attorney can provide advice and representation to help prevent the victim from saying or doing anything unintentional that could jeopardize recovery.

Finally, speed is critical when seeking medical care. Getting a thorough exam immediately after an accident not only protects your health but also provides vital evidence connecting the injuries to the crash.

The Impact of Vehicle Speed

While the speed at which a vehicle is traveling makes a big difference in the severity of a car crash or any other vehicle collision, it has a particularly significant impact in truck accidents because of the truck’s weight. Fully-loaded tractor-trailers weigh up to 80,000 pounds. Passenger vehicles in California, on the other hand, weigh a little over 4,000, and smaller cars weigh much less than that. An 80,000-pound truck would take much longer to stop than other vehicles just by virtue of the momentum of the weight alone.

Speed affects stopping distance in numerous ways. At higher speeds, the distance traveled before the driver perceives the need to stop is greater. The same is true for the distance traveled while the driver reacts and applies the brakes. There is lag time before the brakes engage, and the truck continues to hurtle forward. Then the brakes finally begin to slow the truck, but by then it has already continued on a potentially destructive path.

As speed increases, the stopping distance increases exponentially. Doubled speed can increase stopping distance by 400%. And the speed also increases the force of impact by approximately the same ratios. When a vehicle is traveling three times faster—at 60 miles per hour rather than 20, for instance—then it hits with a force that is nine times greater.  When you multiply the force of impact of a vehicle that is already heavy and powerful to begin with, it is easy to understand why truck collisions often cause death or horrific injuries.

Speed as an Indicator of Liability

Even when a truck accident victim is severely injured or killed, however, they are not able to receive compensation for their losses unless they are able to prove that someone else’s conduct caused the injuries. They need to establish liability for the collision. Speed can play a part in that determination.

Liability is established by showing that someone acted irresponsibly and that their irresponsible actions are what caused the crash. Driving over the speed limit is illegal and irresponsible, so if a driver was speeding, it can be easier to show that they should be held at least partially liable for causing the collision. But even if someone is operating within legal limits, they may still be driving at a pace that is irresponsibly fast given the conditions. For instance, if fog limits visibility or the roads are slick with rain, then a skilled attorney may be able to demonstrate that it was negligent for a driver to be traveling at the rate they were at the time of the accident, even though that rate wasn’t over the legal limit.

The Need for Speed in the Collection of Evidence

In every accident case, it is wise to collect and preserve evidence as soon as possible because it degrades quickly. But the need is even greater in a truck accident case because more evidence may be available that could disappear within a few days or weeks.

Commercial trucks use a variety of technologies that monitor and record data that could be key to proving liability in a truck accident case. However, this information can be overwritten or deleted automatically unless an attorney takes the appropriate legal steps to preserve it. For instance, electronic control modules record information such as the speed a truck was traveling, and the braking and steering patterns. But the information is not stored indefinitely unless someone takes decisive steps to save it. Similarly, information in the electronic logging devices that monitor driving hours can be overwritten if an attorney doesn’t act in time to preserve it. 

Sometimes, sending an appropriate legal notice to the trucking company will preserve the evidence in their possession, but other times, an attorney may need to seek assistance from the court, such as a temporary restraining order, to safeguard the evidence.

Other Speedy Aspects of a Truck Accident Case

It is vital to get a medical examination and treatment quickly after an accident because doctors may be able to detect serious injuries that aren’t immediately obvious, such as internal bleeding. Getting speedy medical treatment can also prevent the trucking company from arguing that your injuries were caused by something that happened after the accident.

The insurance companies act with speed as well. They often contact accident victims, asking questions designed to trick the victim into saying things that could allow the insurer to shift liability onto the victim. Or the insurer may pressure the victim to accept a low settlement right away before the victim has time to learn the true extent of their injuries and future needs. While victims should be prepared to work quickly to preserve evidence, they should not be in a hurry to close the case by accepting a settlement. At the Law Offices of Benjamin Arsenian, we can help you take quick action to collect and save evidence, and we can provide advice and representation to avoid mistakes that could prevent you from receiving the full compensation you deserve for your injuries. To schedule a free consultation and learn more about the assistance we can provide, call us at 714-400-2000 or contact us online now.