Truck accidents occur unexpectedly and are usually the result of negligence by truck drivers or trucking companies. Specifically, truck drivers may violate traffic laws, while trucking companies may disregard state or federal motor carrier regulations.
Following a trucking accident, it’s important to follow through with your medical treatment regimen, gather and retain important documentation, and speak with an experienced truck accident attorney as quickly as possible. Your truck accident lawyer can outline a plan of action for your case and take the necessary legal steps to maximize your compensation award.
How Do Trucking Accidents Usually Happen?
Truck crashes often happen because of negligence by truck drivers or trucking companies. There are several common ways these accidents occur.
One major cause of collisions is driver fatigue. Truck drivers often have long shifts, and if they do not take proper breaks, they can become tired. A drowsy driver has slower reaction times, poor judgment, and can even fall asleep at the wheel, leading to dangerous collisions.
Another cause is speeding. Truck drivers are sometimes pressured to meet tight deadlines and may drive too fast, rushing to their destination on time. Speeding increases the risk of losing control of the truck, especially in bad weather, making it difficult to stop in time to avoid a collision.
Distracted driving is another serious problem. Truck drivers may use their phones, eat, or engage in other activities while driving, which can take their focus off the road. Even a moment of distraction can cause a truck driver to miss a hazard and cause a crash.
Negligence can also occur due to improper loading of the truck. When cargo is not loaded or secured properly, it can shift during transit, making the truck unstable. An unbalanced or overloaded truck is more likely to tip over or jackknife, especially during sharp turns or sudden stops.
Furthermore, truck maintenance is a critical issue. Failure to maintain trucks can lead to crashes resulting from faulty brakes, tire blowouts, or engine failures. Trucking companies are responsible for ensuring their vehicles are in good condition, but sometimes, they cut corners to save money, putting lives at risk.
In addition, some trucking companies engage in poor hiring practices, failing to properly vet or train their drivers. Inexperienced or unqualified drivers may not know how to safely handle large trucks, increasing the likelihood of accidents.
Finally, violating traffic laws, by running red lights, making illegal turns, or not yielding, can cause truck crashes. Whether it’s the driver or the company pushing unsafe practices, negligence on the road can have severe consequences for everyone involved.
When truck drivers or companies act negligently, the risk of a serious collision increases, leading to potential injuries and even fatalities for other motorists.
Common Injuries in a Truck Collision
Truck accidents can result in a wide range of serious injuries for victims, both physical and mental. These injuries often require extensive medical treatment and can have lasting effects on a person’s life.
- Physical injuries are the most visible and immediate after a truck collision. Head and brain injuries, such as concussions or traumatic brain injuries (TBIs), are common. TBIs can happen when a victim’s head strikes a surface inside the vehicle or from the sheer force of the collision. TBIs can cause headaches, dizziness, memory loss, and long-term cognitive issues, sometimes requiring surgery or ongoing therapy to recover.
- Spinal cord injuries are also common in truck crashes and can result in partial or complete paralysis, depending on the severity. Victims with spinal cord injuries may need surgery, physical therapy, and, in severe cases, lifelong care.
- Broken bones are another frequent injury, especially in high-impact collisions. Arms, legs, ribs, and other bones can be fractured or crushed, often requiring surgery, casts, and rehabilitation. Severe fractures may involve the placement of metal rods or plates to stabilize the bones.
- Besides that, internal injuries to organs like the liver, lungs, or kidneys are possible due to the force of the crash. Internal bleeding can be life-threatening and may require emergency surgery.
Beyond the physical, mental injuries are common as well. Many truck accident victims suffer from post-traumatic stress disorder (PTSD), which can include flashbacks, anxiety, nightmares, and difficulty driving or even being near large vehicles. Mental health counseling or therapy is often necessary to help victims cope with these symptoms.
Emotional trauma, such as depression or overwhelming fear, can also arise following a severe truck collision, particularly if the crash results in long-term physical disabilities or a drastic change in lifestyle.
Treatment for these injuries often involves multiple stages. Emergency care is typically required immediately after the accident, followed by surgical procedures for more severe physical injuries. Long-term care may include physical therapy, rehabilitation, and, in the case of cognitive injuries, psychological counseling or therapy.
An experienced truck accident lawyer can pursue the compensation you need for your medical treatment, and your pain and suffering.
Important Steps To Take Following a Truck Accident
Following a truck accident, there are several important steps you should take to protect your health, legal rights, and potential compensation.
- First, follow all medical advice. Even if you feel better after receiving treatment, it’s important to attend follow-up appointments, take prescribed medications, and complete any physical therapy or rehabilitation. Some injuries – especially soft tissue or internal injuries – may not fully heal without proper care. Failing to follow medical advice can also hurt your legal claim by suggesting that your injuries were not serious.
- Next, document everything. Keep a record of your medical treatments, doctor visits, and medications. Save all bills, receipts, and any other documents related to your care and recovery. Also, keep track of any missed work or other ways the accident has affected your life, such as pain, emotional suffering, or changes in daily routines. Having this documentation is vital if you pursue legal action or a settlement.
- You should also contact your insurance company. While it is important to notify them of the collision, be cautious about the details you share. Insurance companies may try to downplay your injuries or push you into settling quickly for less than you deserve. It is wise to consult an experienced truck accident attorney before discussing specifics with your insurance company.
- Another important step is to avoid speaking with the other driver’s insurance company without legal guidance. The at-fault party’s insurer may try to get you to say things that can hurt your case. They may also offer a quick settlement that seems helpful but may not fully cover your medical expenses, lost income, or long-term needs.
- It’s also essential to preserve evidence. If you have photos of the accident or any damaged property, you should save them. You should also keep any photographs of visible injuries taken shortly after the accident.
- Finally, contact an experienced truck accident lawyer in your area. A lawyer will protect your rights, negotiate with insurance companies, and ensure you receive the compensation you deserve. They can also handle the legal components of your case while you focus on your recovery.
By taking these steps, you can protect your health, build a strong case, and increase your chances of receiving fair compensation for your injuries and losses.
Essential Evidence in a Truck Accident Case
In a truck accident claim or lawsuit, having strong evidence is essential to prove fault and secure compensation for your injuries. There are several key pieces of evidence that can greatly affect the outcome of your case.
- First, police reports are critical. Following a truck collision, police officers typically arrive at the scene, assess the situation, and write an official report. This report often includes details about how the accident happened, witness statements, and any traffic violations that may have occurred. The report can be important in showing the truck driver’s or trucking company’s negligence.
- Another important type of evidence is photographs and videos. Pictures of the accident scene, vehicle damage, skid marks, and road conditions provide a clear visual account of the crash. If available, traffic camera or dashboard camera footage can also show exactly what occurred before and during the accident. These visuals help support your version of events and prove the severity of the collision.
- Witness statements can also play a major role. If there were any witnesses to the accident, their testimony about what they saw can support your claims. Witnesses are often neutral third parties, and their statements can add credibility to your case by offering an unbiased perspective.
- Medical records are another important piece of evidence. Detailed medical documentation of your injuries, treatment, and recovery is vital to proving the extent of harm the accident caused. These records show the direct link between the crash and your physical or emotional injuries. In addition, records of your medical expenses help to support and calculate the compensation to which you are entitled.
- In truck collision cases, driver logs and electronic data from the truck’s onboard system are often vital. Truck drivers are required to follow certain hours-of-service regulations to prevent fatigue, and their logs can reveal if they exceeded their driving limits. The truck’s data recorder (often called the “black box”) can provide information on the truck’s speed, braking, and other factors that can show whether the driver acted negligently.
- Finally, expert testimony may be important. Accident reconstruction experts can analyze evidence to explain how the accident occurred, while medical experts can testify about the long-term consequences of your injuries.
Together, these pieces of evidence build a strong case and help prove fault and damages in a truck accident claim or lawsuit.
How Much Is a Truck Accident Case Worth?
The value of a truck accident claim or lawsuit can vary widely, depending on the specifics of the collision and the severity of the injuries. While it is difficult to estimate an exact amount without knowing all the details, several factors contribute to the overall worth of a claim. These include the extent of your injuries, the amount of property damage, and the repercussions the accident has on your life, both physically and financially.
You can recover compensation for different types of damages in a truck collision claim. These damages are generally divided into two main categories: economic and non-economic.
Economic damages are straightforward and easier to calculate because they have a clear financial value. One of the most important types of economic damages is medical expenses, including the cost of emergency treatment, surgeries, hospital stays, physical therapy, and any future medical care you may need as a result of the accident. If your injuries require long-term treatment or rehabilitation, those future medical costs can be factored into your claim.
Another type of economic damage is lost income. If your injuries prevent you from working, either temporarily or permanently, you can recover compensation for the income you have lost. In some cases, victims can also seek compensation for loss of earning capacity, which covers the money you would have earned in the future if the crash had not limited your ability to work.
Property damage is also covered under economic damages, including the cost of repairing or replacing your vehicle or any other property damaged in the accident.
Non-economic damages cover losses that are more difficult to measure but just as important. One major type of non-economic damage is pain and suffering, which includes both the physical pain from your injuries and the emotional distress you have experienced. Other non-economic damages may include loss of enjoyment of life if your injuries prevent you from engaging in activities you once enjoyed, and emotional trauma, such as anxiety, depression, or PTSD.
In certain cases, you may also be eligible for punitive damages. These damages are intended to punish the trucking company or driver for particularly reckless or dangerous behavior and to deter others from similar actions in the future.
Speak with a Knowledgeable Truck Accident Attorney Right Away
Commercial truck crashes can result in debilitating injuries that leave accident victims in pain. If you or someone you love has suffered injuries in a recent trucking accident, an experienced personal injury attorney can handle every step of the process for you. Your lawyer can file a claim with the at-fault truck driver or trucking company’s insurer and work to maximize the compensation you receive for your losses.