Truck Accident vs. Car Accident Claims: 7 Key Differences

Authored by Bradley A. Pistotnik — well-known and highly experienced Wichita truck accident lawyer; author of the book “Truck Accidents Kill,” and an authoritative speaker on trucking safety.

Coverage: Wichita Metro (Sedgwick County & surrounding communities) and Western Kansas — defined here as any county west of a north–south line that runs ~10 miles east of Topeka, bounded by Nebraska (north), Oklahoma (south), and Colorado (west).

1) Evidence Is Deeper and More Technical

ECM/telematics, ELD/HOS logs, dispatch, and cargo records augment standard crash evidence. Records must be retained under 49 CFR §395.8(k), §395.11.

2) More (and Different) Insurance Applies

Federal minimums for interstate carriers differ from personal auto and layered/excess policies are common. 49 CFR §387.9 sets minimum financial responsibility for motor carriers.

3) A Web of Potential Defendants

Driver, carrier, broker, shipper, maintenance contractors, and manufacturers may share fault. Part 396 governs inspection, repair, and maintenance responsibilities.

4) Early Response Teams

Carriers often send investigators quickly; rapid preservation levels the playing field. Early evidence preservation is critical under federal regulations.

5) Federal Safety Rules at Issue

FMCSR §392.2, §392.3, §392.6, and §395.3 govern driver conduct, hours, and maintenance under Part 396.

6) Timelines Tend to Be Longer

More discovery, experts, and parties can extend litigation compared to typical car claims. National data from NHTSA Large Trucks and FMCSA crash statistics underscore the complexity.

7) Valuation Hinges on Liability Narrative

Clear safety violations and strong damages proof often move negotiations more than ‘averages.’ Kansas crash data helps frame local context.

Reporting Unsafe Truck Operations in Kansas

• Immediate danger on Kansas highways: call *47 to reach Kansas Highway Patrol (*KTA on Turnpike); call 911 for emergencies.
• Within Wichita city limits: report patterns to WPD's Traffic Complaint portal; non-emergency: 316-268-4111.
• County roads: Sedgwick County Sheriff traffic safety hazard/issue form.
• Unsafe commercial motor vehicles: file with FMCSA's National Consumer Complaint Database.

Injured in a truck crash in Wichita or Western Kansas? Call Bull Attorneys for a free, confidential consultation. 24/7. We move fast to preserve ELD/telematics and black-box evidence. 316-684-4400.