Thousands of people experience the unexpected and often terrifying event of a truck accident each year. These accidents involving large commercial vehicles can have devastating consequences, resulting in extensive property damage, severe injuries, and even fatalities.
Familiarizing yourself with what to expect if you’re the victim of a truck accident, including how a lawyer can help navigate the complex legal aspects and deal with insurance companies on your behalf, can make the aftermath more manageable.
Knowledge is power, and in the case of truck accidents, a truck accident lawyer can safeguard your rights and secure the compensation you deserve.
Understanding Truck Accidents
A truck accident involves one or more large commercial vehicles, often weighing over 10,000 pounds. The classification of these accidents depends on the type of truck they involve—semi-trucks, 18-wheelers, and tractor-trailers, for example—and the nature of the accident, such as jackknifing, rollovers, and rear-end collisions.
According to the Insurance Institute for Highway Safety (IIHS), accidents involving commercial trucks account for more than 4,500 deaths a year on U.S. roadways, and many thousands more suffer injuries due to these events.
The victims of truck accidents often aren’t the truck drivers themselves but the occupants of other vehicles and vulnerable road users, such as bicyclists or pedestrians. Large trucks have several hazards, mostly related to their size, which can lead to severe consequences.
These include:
- An increased stopping distance: Braking is a process, and stopping a moving vehicle is not instantaneous. The heavier the vehicle is and the faster it’s moving when the driver applies the brakes, the further it will travel before coming to a complete stop. The IIHS reports that loaded tractor-trailers will travel up to 40 percent further during the braking process than other vehicles.
- Extra height and additional ground clearance: Large trucks have a high center of gravity and an increased likelihood of tipping over when taking sharp corners or curves or when the weight inside the trailer shifts suddenly.
- Significant blind spots: A blind spot is an area around the vehicle that the driver cannot see through their side view mirrors. According to the Federal Motor Vehicle Safety Administration (FMCSA)—the agency regulating the trucking industry in the United States—commercial trucks have enormous no zones (blind spots) along all four sides, meaning the driver cannot see if other vehicles are traveling alongside, directly in front, or behind them without technology such as cameras or sensors.
- Wide turn radius: Because of the length of the truck, drivers must make wide turns. FMCSA notes that trucks require extra room to turn, so they often swing wide or initiate their turn from the middle lane.
Beyond the hazards of the vehicle, there is an increased risk of accidents involving fatigued drivers. Studies by the FMCSA reveal that around 13 percent of truck drivers in accidents reported tiredness at the time of the crash. Many truck drivers work long hours daily, driving across often boring terrain.
They commonly drive during the late-night hours when there is less traffic and sleep in their sleeper berths. These activities lead to driver fatigue, compromising their ability to safely operate the vehicle due to mental or physical exertion.
Common causes of truck accidents include driver errors, such as speeding and distracted driving, mechanical failures, and improper cargo loading. Poor weather and road conditions can also play a significant part.
The effect of these accidents is often devastating for victims due to the sheer size and weight of the involved vehicles. They may face severe physical injuries, emotional trauma, financial burdens from medical bills, loss of income, and, in the worst cases, loss of life.
Legal Aspects of Truck Accidents
Legal proceedings in truck accidents typically involve establishing negligence—the failure to exercise the care that a reasonable person would under similar circumstances.
To prove negligence, you must establish that the defendant owed a duty of care, breached this duty, and this breach resulted in injury or damages. In truck accidents, negligent parties may include the truck driver, trucking company, other drivers on the roadway, or the manufacturer of a faulty part.
Commercial truck drivers owe a higher duty of care when operating on public roadways than other drivers. This means they must take additional actions to protect the safety and property of other travelers.
The owners of commercial trucks, such as an owner-operator or a trucking company, have a legal requirement to provide more insurance on the vehicle than the state requirements for other drivers.
FMCSA notes that trucks carrying freight must maintain between $75,000 and $5 million in public liability insurance to compensate for bodily injury, property damage, and environmental restoration after an accident the truck driver causes. The type of freight the truck is hauling determines the required amount of insurance.
To operate a commercial truck in the United States, a driver must obtain a Commercial Driver’s License (CDL). To get this license, the driver must undergo training and pass a test to show that they understand the basic skills and requirements of the job. They also must pass a drug and alcohol screening and a physical exam.
The CDL subjects them to other rules, including a reduced alcohol impairment limit of 0.04 grams of alcohol per deciliter of blood, which is half the limit for most adult drivers in the United States.
Several federal and state laws govern trucking operations in the United States. These regulations determine factors such as the maximum hours a truck driver can operate, weight restrictions for loads, and truck maintenance requirements. Understanding these laws is vital, as violations can be a significant aspect in determining truck accident liability.
Steps to Take Immediately After a Truck Accident
The priority after a truck accident is ensuring the safety of all involved parties. If it’s safe, move out of traffic; if not, stay inside the vehicle and wait for help.
Seek medical attention as soon as possible, even if your injuries seem minor, as some may not be immediately apparent. Report the accident to the police. The official report can serve as valuable evidence when seeking compensation.
If you suffered injuries or lost a loved one in a truck accident due to someone else’s negligence, contact an experienced personal injury lawyer as soon as possible. They can explain your legal options and outline their services for handling accident claims.
Dealing With Insurance Companies After a Truck Accident
Inform your insurance company of the accident promptly. Before sharing detailed information, however, it’s wise to seek the advice of an attorney, as the statements you provide could have an influence on your claim.
The trucking company’s insurance provider will likely aim to minimize their payout. They may employ tactics such as offering quick settlements or shifting blame.
An attorney can protect the value of your claim by managing communication with all insurance providers. They will provide the information that the insurance company needs to evaluate the claim and will work to negotiate a settlement that fairly compensates you for the expenses and psychological consequences of your injuries.
The Legal Process After a Truck Accident
Your attorney will file a truck accident claim outlining the event details, the involved parties, and requested compensation. Your claim’s value is not solely dependent on your incurred medical expenses or missed work while recovering from the injury.
Your attorney will also consider factors such as the severity of your injuries, the level of negligence that led to the accident, and the consequences of your injuries on your quality of life, such as chronic pain, emotional distress, or grief.
When the insurance company receives the claim, they will assign a claims adjuster to evaluate it to determine three things:
- Was the insured liable for the accident?
- Is coverage available through the policy the claimant filed against?
- How much does the insured party owe the claimant due to their liability?
How Often Do Insurance Companies Settle a Truck Accident Claim?
While insurance companies can accept or deny the claim, they often offer to settle it out of court for less than the established value. Settlements are the preferred way to resolve the claim for both sides, as it saves the time and expense of court and provides each party with a degree of control over the outcome as they work toward a settlement agreement.
If the insurer fails to offer a fair settlement, however, you can file a legal complaint (lawsuit) in a civil court so that a judge or jury can hear the details of the case and make decisions about liability and compensation.
The opportunity to settle a truck accident claim is not lost when you file a lawsuit. Many cases settle during the pre-trial process or trial.
Once your attorney files the case, however, they will begin trial preparations. This includes discovery, a pre-trial phase in which both parties exchange evidence and witnesses they have gathered that support their claim. This phase commonly includes filing motions, responses to motions, and hearings.
Most personal injury lawyers work on a contingent fee basis to ensure that anyone who suffers an injury due to another party’s negligence has access to their services. A contingent fee arrangement allows you to wait until you receive compensation before paying for the lawyer’s services.
When you hire an attorney, they will ask you to sign a contingent fee agreement, meaning you won’t receive bills while your case is active. They will retain a percentage of your award to cover their legal fees.
After your case settles, either through an agreement or a court verdict, your attorney will receive the compensation on your behalf. They will deposit the money into a trust to keep it separate from the law firm’s funds.
Your attorney will deduct the agreed-on percentage from the trust for their payment and settle any medical liens that insurers or health care providers who treated your injuries placed on the claim. After meeting with you to sign documents finalizing the case, your attorney will provide you with the remainder of the award.
Compensation in Truck Accident Cases
In personal injury law, damages refer to the monetary compensation entitled to a person who has suffered harm due to the negligence of another party. Truck accident victims can generally claim two types of damages: economic and non-economic.
Economic damages compensate you for the expenses incurred due to the accident, such as medical bills, repairing or replacing your vehicle, lost income, or permanent loss of earning capacity.
In wrongful death claims, economic damages include the cost of a funeral and burial or cremation, loss of support and services, and loss of inheritance.
Claimants can also seek noneconomic damages. This involves payment for the psychological consequences you incurred due to the accident, such as pain and suffering, loss of enjoyment of life, and emotional distress. Family members of the deceased can seek noneconomic damages for grief, loss of comfort, love, companionship, guidance, and more.
Get Professional Legal Representation After a Truck Accident
Being in a truck accident can be traumatic and overwhelming, but working with a skilled personal injury lawyer who understands the process will significantly alleviate the stress. A professional legal representative can handle insurance claims and guide you through a challenging time.
Protect your rights and seek the compensation entitled to you after a truck accident. A lawyer can help you do that right away.
