If you suffered an injury in a commercial truck accident, you face a difficult road of physical recovery and financial uncertainty. The sheer size and weight of a tractor-trailer mean that any collision can have devastating consequences.
A successful personal injury claim requires a thorough investigation into the specific type of accident and the federal and state regulations that govern the trucking industry.
A truck accident lawyer can help you navigate this complex process and demand the compensation you deserve.
Key Takeaways:
- Truck crashes are almost always severe due to the significant weight and size difference compared to smaller vehicles. Severe and fatal injuries are common, and an attorney’s assistance is critical to maximizing your compensation.
- Common truck accidents include rear-end crashes, jackknife wrecks, and tire blowouts. All are serious and can seriously injure drivers and passengers in multiple vehicles.
- Truck accidents are complex and involve various potentially liable parties. That’s why you should always retain a skilled truck accident lawyer. Contact a truck crash attorney today.
Most Common Types of Truck Crashes
According to the Federal Motor Carrier Safety Administration (FMCSA), large truck and bus crashes result in thousands of fatalities and over 100,000 injuries each year. Any type of truck accident can cause severe harm, but the following are most common on our nation’s roads.
Rear-End Collisions
Rear-end truck crashes happen when a commercial truck fails to stop in time and strikes the vehicle ahead of it. Truck drivers cause these accidents when they follow too closely, drive while distracted, or operate their vehicles while fatigued.
A lawyer investigates the driver’s actions and obtains electronic logging device (ELD) data to determine if they violated federal hours-of-service regulations.
Jackknife Accidents
A jackknife occurs when a truck’s trailer swings out and forms a sharp angle with the cab, often resembling a folding pocket knife. These accidents typically occur on slippery roads, during sudden braking, or when the truck makes a turn too quickly.
Jackknife crashes are especially dangerous because the trailer can strike multiple vehicles or block entire lanes. Legal experience is often required to determine liability and assess damages.
Rollover Accidents
Rollover truck accidents occur when a truck tips over onto its side or roof. Improperly loaded cargo, speeding, sharp turns, or sudden evasive maneuvers are common causes of accidents. Rollovers can lead to catastrophic injuries and even fatalities for both the truck driver and other motorists.
A truck crash attorney can analyze whether weight distribution or company negligence contributed to the crash.
T-Bone (Side-Impact) Crashes
T-bone accidents happen when a truck strikes the side of another vehicle, often at intersections. They frequently result from a truck running a red light, misjudging a turn, or failing to yield the right-of-way. Side-impact crashes are particularly dangerous because cars offer little protection against a large truck’s mass.
To establish fault, an attorney gathers evidence from traffic cameras, eyewitness testimony, and the truck’s onboard systems to prove the truck driver’s fault.
Head-On Collisions
Head-on truck crashes occur when a truck collides with another vehicle traveling in the opposite direction. Fatigue, impaired driving, lane departure, or wrong-way driving are common causes. These crashes often result in severe injuries or fatalities due to the combined force of both vehicles.
Your lawyer works with accident reconstructionists to demonstrate how the truck driver’s negligence caused the collision.
Underride Accidents
An underride accident happens when a smaller vehicle slides under a truck’s trailer, usually during a collision. These crashes are particularly deadly, as they can crush the passenger compartment. Underride guards and trailer design are often central to liability claims.
A truck accident attorney can investigate whether the trucking company violated safety standards, such as by failing to install underride guards or apply conspicuity tape to the trailer as federal law mandates.
What Damages Am I Eligible For In A Truck Crash?
Did another party cause your truck accident? Then, you may be entitled to compensation for all of your damages, including:
Medical Expenses
You can recover compensation for all medical costs related to your truck accident. It includes emergency care, hospital stays, surgeries, doctor visits, physical therapy, medications, and any future medical care required due to long-term injuries. Proper documentation of medical bills is essential to support your claim.
Lost Income
If your injuries prevent you from working, you may be eligible for lost income. It covers not only time missed immediately after the crash but also future lost earning capacity if your ability to work is permanently affected.
Property Damage
Truck crashes often cause significant damage to vehicles or personal property. Compensation may cover repairs or the replacement value of your car, along with any other property damaged in the accident.
Pain and Suffering
Pain and suffering refer to the physical and emotional distress caused by the crash. It can include chronic pain, emotional trauma, anxiety, depression, or loss of enjoyment of life. These damages are non-economic but can be a substantial part of your settlement.
Loss of Consortium or Companionship
In cases where injuries impact your relationships with a spouse or family members, you can recover damages for loss of consortium, companionship, or support.
Punitive Damages
In rare cases, if the truck driver or company acted with extreme negligence or reckless disregard for safety, punitive damages may be awarded to punish wrongdoing and deter similar behavior in the future.
A truck accident lawyer can review your case for free today, giving you a rough idea of the types of damages you might be entitled to.
Who Can My Lawyer Hold Liable For The Truck Crash?
You might think the trucker caused your wreck, and that’s that. But truck accidents are notoriously tricky, and several parties can be liable for your injuries:
The Truck Driver
The most obvious party is the truck driver. If the driver was negligent—such as speeding, driving under the influence, texting while driving, or violating hours-of-service regulations—they can be held responsible. Your lawyer will review the driver’s logs, driving history, and actions at the time of the crash to establish fault.
The Trucking Company
Trucking companies could be liable if they contributed to the accident through negligence. It may include pressuring drivers to meet tight schedules, failing to properly train drivers, or neglecting vehicle maintenance. Companies often have significant insurance coverage, making them a key party to pursue for compensation.
Vehicle or Equipment Manufacturers
Sometimes, a mechanical failure causes or contributes to a truck crash. If defective brakes, tires, steering systems, or other truck components played a role, your lawyer can hold the manufacturer accountable under product liability laws.
Cargo Loaders or Shippers
Improperly loaded or unsecured cargo can cause rollovers, jackknife accidents, or other collisions. If the shipper or loader failed to secure the cargo correctly, they may share liability for resulting damages.
Maintenance or Repair Providers
If a truck wasn’t properly maintained or repaired, and this contributed to the crash, the company or mechanic responsible for maintenance can also be held accountable. Your lawyer can investigate maintenance records and repair histories to identify negligence.
How Can A Truck Accident Lawyer Help Me?
Dealing with a truck accident lawyer is just another stressful step after a serious accident, right? Do you really need to call a truck accident lawyer? Yes! Your dedicated tractor-trailer accident lawyer will play several vital roles in your future:
Investigating the Crash
Truck accidents are often more complex than car accidents, involving multiple vehicles, federal regulations, and potential mechanical issues. A truck accident lawyer will thoroughly investigate the crash, gathering evidence such as driver logs, black box data, maintenance records, and eyewitness statements. It ensures the cause of the accident is established, which is critical for proving liability.
Identifying All Liable Parties
Unlike typical car accidents, truck crashes often involve multiple responsible parties, including the truck driver, the trucking company, cargo loaders, manufacturers, and maintenance providers. An attorney can carefully identify all parties who may be legally responsible, ensuring no potential source of compensation is overlooked.
Handling Insurance Companies
Trucking companies often have powerful insurance teams that aim to minimize payouts. A truck accident lawyer acts as your advocate during negotiations, preventing you from accepting a settlement that doesn’t fully cover medical bills, lost income, and pain and suffering. Their experience can significantly improve the compensation you receive.
Navigating Legal and Regulatory Complexity
Truck crashes are subject to federal regulations, state laws, and specific standards within the trucking industry. An attorney understands these rules and how they affect your claim. They ensure all deadlines are met, proper procedures are followed, and violations that strengthen your case are properly documented.
Pursuing Maximum Compensation
A skilled lawyer assesses the full impact of your injuries, including long-term medical care, rehabilitation, lost income, and emotional distress. They calculate the true value of your claim and fight for maximum compensation, whether through settlement negotiations or trial.
How Much Will My Truck Crash Settlement Be?
Truck crashes usually mean severe injuries, lost work time, inability to enjoy life, and much more. So, what can you expect in a truck crash settlement negotiated by your attorney? As in many parts of life, the outcome depends on the details, such as:
Severity of Injuries
The extent of your injuries is a major factor in determining settlement value. Severe injuries—such as traumatic brain injury, spinal cord damage, or long-term disability—typically result in higher settlements because they involve extensive medical treatment, rehabilitation, and potential lifelong care.
Medical Expenses and Lost Income
Settlements often cover both past and future medical costs, as well as lost income due to the inability to work. If your injuries require ongoing treatment or prevent you from returning to your job, the settlement will usually be higher to account for these financial losses.
Property Damage
Damage to your vehicle and other property is also considered. The more extensive or expensive the damage, the more it may contribute to your settlement.
Liability and Fault
The degree of fault can significantly impact your settlement. If the truck driver or company is clearly at fault, you’re more likely to receive higher compensation. In cases of shared liability, the settlement may be reduced proportionally.
Pain and Suffering
Settlements also account for non-economic damages, such as physical pain, emotional distress, and reduced quality of life. These factors are subjective but can substantially increase compensation when documented properly.
Insurance Policy Limits
The truck company’s insurance coverage sets a maximum settlement limit. Even if your damages are higher, the policy may cap the settlement unless other liable parties or additional claims can be pursued.
Evidence and Legal Representation
Strong evidence and skilled legal representation can significantly impact the settlement value. An experienced truck accident lawyer can investigate the crash, gather key documentation, and negotiate effectively to maximize your compensation.
Truck Crash FAQs
What is the first thing I should do after a truck accident?
Your first priority is safety and health. If you can, move to a safe location away from traffic and call 911 immediately. Report the accident and request emergency medical assistance. Do not admit fault or apologize to anyone.
If possible, use your phone to take pictures of the vehicles, the accident scene, your injuries, and the truck’s identifying DOT number. Get contact information from the truck driver and any witnesses before you leave the scene.
Finally, contact a truck accident lawyer as soon as possible.
How do truck accident cases differ from car accident cases?
Truck accident cases are far more complex. The trucking industry is governed by a dense set of federal and state regulations that do not apply to passenger cars.
Evidence, such as the truck’s black box and the driver’s service logs, is unique to these cases and can be lost or destroyed if your lawyer does not act quickly to preserve it.
Finally, truck accidents often involve multiple defendants and massive insurance policies, making the litigation process much more challenging.
How long do I have to file a truck accident lawsuit?
Every state has a law called the statute of limitations that sets a strict deadline for filing a personal injury lawsuit. This time limit varies from state to state but is often two or three years from the date of the accident.
If you fail to file your lawsuit before the deadline expires, you will permanently lose your right to recover compensation.
Because investigating a truck accident takes time, you should speak with a lawyer immediately to protect your rights.
Why should I hire a lawyer and not handle a truck crash claim on my own?
Truck accidents are far more complicated than typical car accidents. Always retain a skilled truck crash attorney to fight for your rights and maximum compensation.
How is fault determined in a truck crash?
Truck crashes can involve multiple parties: driver, trucking company, cargo loader, or vehicle manufacturer. Investigators and truck accident attorneys utilize evidence such as driver logs, black box data, and maintenance records.
Why is a truck crash attorney necessary?
Truck accidents are more complex than typical car accidents due to federal regulations, multiple liable parties, and powerful insurance companies. A lawyer can investigate the crash, obtain driver logs, black box data, and maintenance records, and handle negotiations on behalf of the client.
Speak To A Truck Accident Lawyer Today
Truck Accident Lawyer, Russell Reiner
If you or a loved one has been involved in a truck accident, time is critical. Truck crashes can result in severe injuries, complex liability issues, and significant financial burdens. Speaking with a truck crash lawyer ensures your rights are protected and you have an experienced advocate. A skilled attorney can investigate the crash, gather crucial evidence, negotiate with insurance companies, and fight for the maximum compensation you deserve.
Don’t wait – truck accident claims have strict deadlines. Contact a trusted truck crash lawyer today to get the guidance, support, and legal experience you need to move forward.