Truck Accidents

If the trucking firm or its insurance representative calls you after the accident, indicate that you are not willing to speak without your attorney present, even if you are yet to hire a lawyer.

Trucking companies have their own agenda after a truck accident, and it’s not to protect you. Anything you do or say could be negatively used against you. It is always suggested to speak with an experienced truck accident lawyer first.

Trucking Companies and their insurance companies will try to get you to settle quickly and for the least amount of financial compensation possible. This is why truck accident lawyers are so important. Having an attorney on your side means the insurance company can’t dismiss your truck accident claim.

A truck accident case falls under Personal Injury Lawsuits, which means typically the attorney will work on a contingency fee basis. This means there are no upfront fees or out-of-pocket costs. You only pay if the truck accident lawyer can get you a settlement. Once a settlement is agreed upon for your truck accident injury case, a small percentage will be taken for legal fees.

Truck accident lawyers offer free consultations, so there is no risk to call today and get the legal help you need!

The two big variables that separate a truck accident from a car accident are the scope of liability and the extent of the injury. Certainly, a car accident can cause fatal injuries and have liability that rests in the hands of a company. However, this is the exception and not the rule.

Truck accidents tend to have a more complex defendant composition as well as the potential for greater damage to victims. Declaring liability could be with the trucking company or negligent truck drivers. Also, due to the size of the truck, there are usually serious injuries associated with the accident.

A typical car accident can cause catastrophic injuries, but when a tractor-trailer is involved the likelihood of injury is much greater. Truck drivers have to go through special training and licensing to help keep themselves and other drivers safe on the roads. A large commercial truck driver has to follow federal regulations but sometimes can still end up causing an accident.

Although often it is, Semi-Truck Accidents are not always due to the truck driver’s negligence. Let’s look into the top causes for commercial truck accidents:

• Driver Fatigue: Truck drivers work long hours on the road, often driving late into the night. When a driver gets tired behind the wheel it could be a recipe for disaster.
• Distracted Driving: When you spend all working hours behind the wheel you are bound to get distracted at some point. Whether you are changing the radio, using a cell phone, or even just daydreaming your focus can easily shift off the road. When you are driving an 18 wheeler, being distracted even for a moment could be deadly.
• Aggressive Driving: Truck drivers may find themselves trying to finish a drive quickly, and start to drive aggressively. This includes cutting other drivers off, following too closely, speeding, and other negligent actions.
• Improper Load: When a large commercial truck is loaded, it can be a heavy trailer to pull. If the trailer is not loaded properly it could increase the risk of tipping causing an accident. If it is overloaded it could cause tire blowouts.
• Brake or Truck Failure: Occasionally there could be an issue with the truck itself. If brakes are not maintained, or there was a flaw due to the truck manufacturers it could also cause a semi truck accident.

These were just a few of the top causes, there are many others such as inexperienced drivers, construction, weather, and poor lighting. Experienced truck accident lawyers understand all of the scenarios, and are able to recover compensation for victims of truck accidents.

Trucking accidents often result in severe injuries. Tractor-trailers can weigh up to 80,000lbs when fully loaded. When an 80,000lbs tractor-trailer runs into a passenger car, the results can be catastrophic. Some common truck accident injuries include:

• Broken Bones
• Traumatic Brain Injury
• Spinal Cord Damage
• Internal Injuries
• Cuts and abrasions
• Internal Bleeding
• Death

Truck accident claims can also become a wrongful death lawsuit, as often the victim does not survive their injuries. Even if they do survive, injuries like those can rack up serious medical bills. This is why it is essential to make truck accident claims against the insurance companies, so you don’t get stuck with expenses.

An experienced personal injury will be able to handle all the dynamics of a semi-truck accident. It is encouraged to get a free case evaluation to learn if you have a case.

Proving liability is one of the areas in which truck accident cases prove the extent to which they are a bit more complex than the norm. You see someone driving a truck that causes an accident. It should be a no-brainer that the person behind the wheel is responsible, right?

Who else could have made the mistake if that’s not so? The reality is you may find that the truck driver isn’t the responsible party at all or is only partially accountable. Beyond the immediate circumstances that may appear to lead to the accident, there could be other occurrences that you’re not even aware of.

Maybe an outsourced party responsible for the maintenance of the truck neglected assigned duties and this directly led to the truck being operated in a less than acceptable manner. Whether the truck driver was or was not aware of this also factors into how it unfolds. A manufacturer may have supplied a replacement part that was to blame.

Potentially liable parties include the trucking company, the truck manufacturer, the truck driver, the cargo loader, the maintenance team, insurance companies, or even the government.

The good news is that you don’t have to concern yourself too much with trying to identify who is at fault and who should face the music for what happened to you. That’s one of the responsibilities of your truck accident lawyer.

As indicated above, truck accidents present much more dangerous variables than other vehicle accidents do. So, the scope of actions you can take may end up being severely limited simply because you are not in our state to function effectively.

• Seek Medical Attention. Truck accidents typically cause serious damage. Due to the sheer size of the truck, a passenger vehicle can be destroyed. If you are inside that vehicle, it could result in serious injuries such as traumatic brain injuries, bone fractures, and even death. The most important thing to do after an accident is to seek medical care.
• Call the police. While on the scene if you can, though it’s very likely that someone else is going to do so. The official police report is a piece of critical evidence that can make a huge difference to the case that your truck accident attorney builds.
• Gather evidence. If you are not seriously injured, collect as much relevant evidence at the accident scene as possible. Take pictures of the accident scene, including skid marks, property damage, street conditions, etc. Also collect registration details of the offending vehicle, driver identification details, parent company if applicable, license plate number, insurance carriers, eye-witness statements, etc.
• Call a truck accident lawyer. As we said above, truck accident lawsuits take more time and investigation than typical car accidents. You need to have the right legal team on your side to make the insurance companies pay you the compensation you deserve.

Your truck accident lawyer has several responsibilities in building a case that is strong enough to win the desired settlement. When a tractor-trailer truck is involved there are a few more steps than compared to if it was another passenger vehicle. Let’s look into the steps your truck accident attorney has to take.

Investigation

First, there’s an investigation. Evidence is fundamental to proving fault and evaluating the damage. Police reports, eyewitness accounts, photos, videos, or any other data sources from the accident scene prove invaluable here. If needed, experienced truck accident attorneys can call on accident reconstruction experts to build a persuasive argument of the accident.

Another important step would be to identify any potentially liable parties and their associated insurance carriers. Considering that trucks are typically contracted under company umbrellas, the defendants could be widespread. A driver, maintenance team, truck company, or any combination could be responsible.

Damages

Next, your attorney must build a practical profile of the extent of your suffering. This includes 2 types of damages; economic and non-economic. Economic Damages are damages that are quantifiable, whereas non-economic damages are not.

Economic Damages: Property damage would be included in economic damages. Also includes all medical expenses that are associated with the truck accident as well as lost wages if you are unable to work. Lost wages include missed time immediately after the truck accident, and future wages if you are unable to return to work, or for time missed for doctor’s visits. If the accident was fatal and considered a wrongful death, you could also seek compensation for burial and funeral costs.

Non-Economic Damages: These damages are harder to quantify. This includes the pain and suffering the truck accident caused you. This is for the physical injuries as well as mental anguish that is the result of the accident. Other damages that could be added to the truck accident claim are loss of consortium and loss of enjoyment.

Negotiation and Trial

After a thorough investigation and calculation of damages, a skilled truck accident attorney can calculate the appropriate amount of compensation for your case. With experience and data to prove the demanded compensation, an attorney can negotiate with the insurance company to pay fair compensation. If the insurance company fails to meet the demand, the case will have to go to trial.